Oregon Landlord-Tenant Law
The rules for renting in Oregon — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Oregon
- Security deposit limit
- No statutory cap on the amount of a security deposit. ORS 90.300
- Deposit return deadline
- 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13)
- Notice for unpaid rent
- Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. ORS 90.394
- Ending a month-to-month lease
- Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party. ORS 90.427
- Landlord entry notice
- At least 24 hours' actual notice, entry at reasonable times; tenant may not unreasonably withhold consent. Emergency entry allowed without notice, but if tenant absent the landlord must give actual notice within 24 hours after entry. ORS 90.322
- Rent control / increase limits
- Statewide rent stabilization. After the first year, no more than one increase per 12 months, with at least 90 days' written notice; increase capped at the lesser of 10% or 7% + CPI (West Region CPI-U), published annually by DAS/Office of Economic Analysis. Max increase: 10.0% for 2025; 9.5% for 2026; 10% for 2027. Exempt: buildings whose first certificate of occupancy was issued less than 15 years before the notice date, and certain regulated affordable housing. Local rent control is otherwise preempted. ORS 90.323; ORS 90.324; ORS 91.225
Last verified against official sources: 2026-10-22
Security Deposits in Oregon
| Security deposit limit | No statutory cap on the amount of a security deposit. ORS 90.300 (2025 Edition) regulates deposits but sets no maximum. 2025 HB 3251 (eff. 1/1/2026, per Portland Housing Bureau summary) requires return of a deposit when a tenant does not enter the rental agreement due to habitability defects - not independently verified in the statute text. Source: ORS 90.300 |
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| Deposit return deadline | 31 days after the tenancy terminates and the tenant delivers possession. Source: ORS 90.300(12)-(13) |
| Itemized deductions | Within the same 31 days, the landlord must give a written accounting stating specifically the basis of each claim. Deductions are limited to amounts reasonably necessary to remedy tenant defaults (including unpaid rent) or repair damage beyond ordinary wear and tear. Source: ORS 90.300(7), (12) |
| Interest on deposits | Not required by statute. ORS 90.300 contains no interest requirement. Source: ORS 90.300 |
| Penalty for withholding | Twice the amount withheld without a written accounting, or twice the amount withheld in bad faith. Source: ORS 90.300(16) |
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Eviction in Oregon
| Notice for unpaid rent | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. For nonpayment eviction filings, a court-required rental-assistance notice must be attached (OJD Self-Help says 'HB 2001 is now the law' and points to the required notice; see https://www.courts.oregon.gov/help/pages/landlord-tenant.aspx). Source: ORS 90.394 |
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| Notice for lease violations | At least 30 days' written notice. If the violation is curable, the notice must say so and give at least 14 days to cure. Repeat of substantially the same violation within 6 months: at least 10 days' notice, no cure right. Week-to-week: 7 days / 4-day cure / 4 days for repeats. Separate shorter notices exist for specified serious conduct (e.g., ORS 90.396 24-hour notices) - not separately verified. Source: ORS 90.392 |
| Lockouts & utility shutoffs | If the landlord unlawfully removes/excludes the tenant or willfully interrupts utilities or essential services, the tenant may obtain an injunction to regain possession, or terminate and recover the greater of 2 months' periodic rent or twice actual damages; deposits and prepaid rent must be returned. Tenant need not terminate to recover damages. Source: ORS 90.375 |
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Notice to Vacate in Oregon
| Ending a month-to-month lease | Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party. Violations: landlord liable for 3 months' rent plus actual damages; defense to possession. 2025 changes (SB 586 60-day sale option, eff. 9/26/2025; HB 2134 no lease-break fee after tenant 30-day response to no-cause notice, eff. 1/1/2026) are summarized by Portland Housing Bureau and reflected in the 2025 ORS edition. Portland and other cities may have additional relocation rules. Source: ORS 90.427 |
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Landlord Entry in Oregon
| Landlord entry notice | At least 24 hours' actual notice, entry at reasonable times; tenant may not unreasonably withhold consent. Emergency entry allowed without notice, but if tenant absent the landlord must give actual notice within 24 hours after entry. Entry authorized by a tenant's written repair request expires after 7 days unless repairs are in progress. Source: ORS 90.322 |
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Repairs & Habitability in Oregon
| Repair and deduct | Minor habitability defects repairable for not more than $300: tenant gives written notice with a repair date at least 7 days out; may then have a qualified person repair and deduct up to $300 with a written cost statement. Tenant may not do the work personally. For essential services, tenant may buy substitute services and deduct cost (ORS 90.365). Source: ORS 90.368; ORS 90.365 |
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| Withholding rent | No general rent-withholding statute. Remedies for landlord noncompliance: 30-day termination notice if not cured within 7 days (essential services) or 30 days (other); damages; injunction; for essential-service failures, substitute services/deduct, diminished-rent damages, or substitute housing with rent excused. Tenant may assert habitability counterclaims in an eviction action (ORS 90.370) - not separately verified. Source: ORS 90.360; ORS 90.365 |
| Retaliation protection | Landlord may not raise rent, reduce services, serve a termination notice, or sue for possession because the tenant complained to a government agency, made a good-faith complaint to the landlord, joined a tenant organization, testified against the landlord, or successfully defended a possession action within the previous 6 months. Tenant has a defense and the ORS 90.375 remedies. No fixed presumption period in the statute other than the 6-month look-back for a successfully defended possession action. Exceptions include tenant rent default when notice served (ORS 90.385(4)). Source: ORS 90.385 |
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Rent Increases & Late Fees in Oregon
| Rent control / increase limits | Statewide rent stabilization. After the first year, no more than one increase per 12 months, with at least 90 days' written notice; increase capped at the lesser of 10% or 7% + CPI (West Region CPI-U), published annually by DAS/Office of Economic Analysis. Max increase: 10.0% for 2025; 9.5% for 2026; 10% for 2027. Exempt: buildings whose first certificate of occupancy was issued less than 15 years before the notice date, and certain regulated affordable housing. Local rent control is otherwise preempted. 2026 figure confirmed in DAS correction release of Oct. 1, 2025 (https://apps.oregon.gov/oregon-newsroom/OR/DAS/Posts/Post/Correction-2026-Rent-Stabilization-Percentages). 2027 figure: OEA page states 10% 'for tenancies subject to ORS 90.324(b)'. Penalty for exceeding cap: 3 months' rent plus actual damages (ORS 90.323(6)). Manufactured-home facilities with >30 spaces capped at 6% (2025 HB 3054). Week-to-week tenancies: 7 days' notice of increase. |
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| Late fees | Allowed only if a written rental agreement provides for it and rent is not received by the 4th day of the rental period (fees begin on day 5). Cap: either (a) a reasonable flat fee once per period (customary amount in the market), (b) a reasonable daily fee not exceeding 6% of that flat amount, or (c) 5% of the periodic rent for each succeeding 5-day period. Simple interest may accrue on an unpaid late charge at the judgment rate. Source: ORS 90.260 |
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Breaking a Lease in Oregon
| Ending a lease: domestic violence | A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking may be released (with listed immediate family members) by giving at least 14 days' written notice specifying the release date, accompanied by verification: a protective order, a police report, a conviction, or a statutory-form statement signed by a qualified third party (law enforcement, attorney, licensed health professional, DOJ victim services employee or victim's advocate); the incident must be within the past 90 days (excluding time the perpetrator was incarcerated or lived 100+ miles away) unless a valid protective order is in place. The released tenant is not liable for rent or damages after the release date and owes no termination fee; other tenants remain bound. Landlord must keep the information confidential. Statutory 'Qualified Third Party Verification' form is in ORS 90.453(3). Source: ORS 90.453 |
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| Ending a lease: military, medical, death | Military: a tenant may terminate on written notice with proof of orders when enlisting, ordered to active service outside the area for more than 90 days, terminating active service (also Public Health Service detailed to Army/Navy and NOAA corps) - generally effective the later of 30 days after notice or other listed dates; a state service member called up by the Governor for 90+ days may terminate effective the earlier of 30 days after the next rent due date or the last day of the following month, without fees or loss of deposit. No statewide medical/disability, senior-care or tenant-death termination right found in ORS ch. 90 (ORS 90.425(20) covers only property of a deceased sole tenant). Natural disaster (since June 5, 2026): if a natural disaster destroys the dwelling unit, the tenancy ends immediately; the landlord must return the deposit and prepaid rent (prorated from the date of the disaster), the tenant is not responsible for cleanup unless the tenant caused the disaster, and no rent is owed while the unit is inaccessible (for example, posted unsafe by a government agency). Does not apply to manufactured-dwelling or floating-home space rentals. The natural-disaster rule is new in 2026 and is not yet in the 2025 ORS edition; enrolled bill text: https://olis.oregonlegislature.gov/liz/2026R1/Downloads/MeasureDocument/HB4037/Enrolled |
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Squatters & Abandoned Property in Oregon
| Squatters / unauthorized occupants | A 'squatter' is a person occupying a dwelling (or other property used for dwelling) who is not entitled under a rental agreement or authorized by the tenant; a tenant holding over is not a squatter. The owner or landlord may give the squatter 24 hours' written notice stating the date and time to vacate and that the cause is the person's status as a squatter, then take possession through the forcible entry and detainer (FED) court process (ORS 105.100-105.168). The notice does not create a tenancy. No statute authorizes police removal without a court judgment. Squatter procedure added by 2025 Or. Laws c.356. Definition at ORS 90.100 (https://www.oregonlegislature.gov/bills_laws/ors/ors090.html); FED cause at ORS 105.115 (https://www.oregonlegislature.gov/bills_laws/ors/ors105.html). |
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| Belongings left behind | Before storing, selling or disposing of abandoned property the landlord must give written notice by personal delivery or first-class mail (to the premises, any known P.O. box and any forwarding address) stating the property is considered abandoned, where it is stored, and a date to contact the landlord: not less than 5 days after personal delivery or 8 days after mailing (45 days for manufactured dwellings/floating homes). Landlord must store goods with reasonable care and may charge reasonable storage costs (not after a sheriff's restitution). If the tenant responds, landlord must make the property available for 15 days (30 for dwellings/homes). If unclaimed, property is conclusively presumed abandoned and may be sold at public or private sale or, if low value, disposed of. Separate rules for manufactured dwellings/floating homes in facilities (ORS 90.675) and for a deceased sole tenant (ORS 90.425(20)). Alternative post-eviction method in ORS 105.165. Source: ORS 90.425 |
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Rental Fees in Oregon
| Application / screening fees | Screening charge allowed only to cover screening costs and may not exceed the landlord's average actual cost or the customary amount charged by screening companies. Only one screening charge per applicant in any 60-day period regardless of how many units applied for. Before taking payment the landlord must adopt written criteria and give written notice of the charge, criteria, process, dispute/appeal rights, nondiscrimination policy, rent and deposits, and refund rights; must give a receipt and confirmation of screening. No charge when no units are available. Refund within 30 days if unit filled before screening or no screening done before written withdrawal. Penalty: twice the charge plus $250. Other applicant deposits/fees are barred except a deposit to secure execution of a rental agreement after approval. No statutory portable-screening-report rule found in ORS ch. 90. Source: ORS 90.295; ORS 90.297 |
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| Other rental fees | Landlord may not charge a move-in fee for anticipated landlord expenses and may not charge any fee except those listed in ORS 90.302, each of which must be described in the written rental agreement: late fee (ORS 90.260), dishonored check fee, smoke/CO alarm tampering (up to $250), pet-agreement violation, early abandonment of a fixed term (max 1.5x monthly rent; not for DV or military releases), and capped fees for repeated written-rule violations after a written warning ($50, then $50 + 5% of rent; $250 for smoking/unauthorized pet). Liquidated damages are barred. Since June 5, 2026, processing fees for card, tenant-portal or other electronic payments may be passed through only if the payment processor allows it, the landlord lets the tenant pay by check or another non-electronic method, and records of the fees are given to the tenant on written request. A landlord may not require electronic payment, and may not charge a late fee or terminate for nonpayment if it refused a payment offered by check or another commercially reasonable method. Exclusions in ORS 90.302(7) (tenant-requested services such as lost keys, renter's insurance requirement, utility charges under other sections). The 2026 changes (SB 1523, effective June 5, 2026) apply to rental agreements entered into before, on or after that date; enrolled bill text: https://olis.oregonlegislature.gov/liz/2026R1/Downloads/MeasureDocument/SB1523/Enrolled |
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Section 8, Records & Right to Counsel in Oregon
| Section 8 / source of income | Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. Source: ORS 659A.421 |
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| Eviction record sealing | Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. The COVID-period (2020-2022) ground in ORS 105.163(1)(a)(B) is removed effective January 2, 2028 (2021 c.39 s.11). Source: ORS 105.163; ORS 105.164 |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision found in ORS ch. 90 or the FED statutes; state-funded legal aid/eviction help is not a statutory right. Source: ORS ch. 90; ORS 105.100-105.168 |
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Mold, Pests, Heat & AC in Oregon
| Mold | No mold-specific statute — the general habitability duty applies. A unit is unhabitable if it substantially lacks effective waterproofing and weather protection, plumbing in good working order, or floors, walls and ceilings in good repair, among other items. Mold is expressly excluded from the 'minor habitability defect' repair-and-deduct remedy (repairs up to $300), so tenants must use the other habitability remedies. No state mold disclosure or exposure standard for rentals. Tenant remedies for habitability failures include ORS 90.360 (termination/damages) and 90.365 (essential services). Local housing codes (e.g., Portland) may add rules. Source: ORS 90.320(1); ORS 90.368(1)(b) |
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| Pests & bed bugs | No bed-bug-specific statute. At the start of the tenancy the landlord must deliver buildings and grounds free of rodents and vermin, and must keep areas under the landlord's control free of rodents and vermin. The tenant must keep areas under the tenant's control free of rodents and vermin to the extent the tenant caused the problem, and must reasonably cooperate with the landlord's efforts to remedy it. No state bed-bug disclosure or inspection rule. Responsibility for an infestation inside a unit generally turns on who caused it and the habitability duty. |
| Heat | Yes. A unit is unhabitable if it substantially lacks adequate heating facilities that conformed to applicable law when installed and are maintained in good working order. No statewide minimum indoor temperature or heating season. If the landlord deliberately or negligently fails to supply heat or other essential services, the tenant has remedies including procuring heat and deducting the cost, recovering damages, or obtaining substitute housing. Local housing codes may set temperature standards. Source: ORS 90.320(1)(d); ORS 90.365 |
| Air conditioning | Partly. For units in buildings whose construction permits were issued on or after April 1, 2024, the landlord must provide adequate cooling in at least one room (not a bathroom) — central air, a heat pump or a landlord-provided portable air conditioner. For all tenancies, a landlord generally may not prohibit a tenant from installing or using a portable air conditioner or evaporative cooler, subject to listed safety, building-code, electrical-capacity and window-installation exceptions; written restrictions must say whether the landlord will offer a community cooling space kept at no more than 80°F during extreme heat events. No state maximum indoor temperature for older buildings. Landlord-supplied air conditioning must be kept in good repair (ORS 90.320(1)(i)). The landlord is immune from liability for damage or injury caused by a tenant-installed portable cooling device. Termination notice periods based on cooling-device violations are extended for each extreme heat day (ORS 90.355(6)). Source: ORS 90.320(1)(n); ORS 90.355 |
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Privacy, Guests & Animals in Oregon
| Cameras & privacy | No landlord-specific statute. Knowingly recording a visual image of another person's intimate area without consent where there is a reasonable expectation of privacy, or observing a person in a state of nudity for sexual purposes, is invasion of personal privacy (crime). Recording an in-person conversation with a device generally requires that all participants be specifically informed; intercepting a phone or radio communication requires at least one participant's consent. Oregon's conversation-recording rule (all participants informed) is stricter than one-party consent; ORS 165.540 contains exceptions not summarized here: https://www.oregonlegislature.gov/bills_laws/ors/ors165.html. Landlord entry generally requires 24 hours' notice (ORS 90.322). Source: ORS 163.700; ORS 165.540(1) |
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| Guests & occupants | A landlord, tenant and proposed occupant may sign a written temporary occupancy agreement: the temporary occupant is not a tenant, the tenant may end it at any time, the landlord may end it only for a material violation, and the landlord may screen the occupant for conduct or criminal record but not credit or income. A temporary occupant who stays after the tenancy ends or after the tenant revokes permission is treated as a squatter. Any occupancy guideline a landlord adopts may not be more restrictive than two people per bedroom and must be reasonable considering bedroom size, unit size and discriminatory impact. 2026 HB 4120 amended ORS 90.262 (smoking-policy rules) without changing the two-per-bedroom limit. A tenancy may not consist solely of a temporary occupancy. Source: ORS 90.275; ORS 90.262(3) |
| Service & support animals (state law) | A landlord may not charge a pet security deposit for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. Refusing reasonable accommodations in rules or policies needed for a person with a disability to use and enjoy a dwelling is an unlawful practice. Oregon has no housing-specific statute on documentation for emotional support animals or penalties for misrepresenting one in housing. ORS 659A.143 (no documentation demands, no fees for assistance animals) applies to places of public accommodation, not rental housing generally: https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html. Federal Fair Housing Act documentation rules apply. |
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How eviction works in Oregon
Eviction cases are heard in: Circuit court (or justice court) of the county where the property is located.
- Written termination notice (ORS 90.392, 90.394, 90.427, etc.)
- File FED complaint and summons; nonpayment cases must include the required rental-assistance notice
- First appearance: 7 days after the judicial day following payment of filing fees (15 days for nonpayment claims); clerk may delay up to 7 more days (ORS 105.135)
- Unrepresented tenant files a written answer on the court form on the first-appearance day (ORS 105.137(8))
- Trial: nonpayment claims no earlier than 15 and no later than 30 days after appearance; other claims within 15 days (ORS 105.137(6))
- Judgment; clerk issues notice of restitution giving at least 4 days to move (ORS 105.151)
- Writ of execution served by sheriff after the 4 days expire
First appearance 7 days (15 days for nonpayment) after the judicial day following payment of fees; written answer due at first appearance.
Source: ORS 105.110, 105.135, 105.137, 105.151
What surprises people about Oregon rental law
- Oregon has a statewide rent cap: 9.5% for 2026 and 10% for 2027 (ORS 90.323-90.324; DAS OEA Rent Stabilization page)
- After the first year of occupancy, landlords cannot end a month-to-month tenancy without tenant cause or a qualifying landlord reason, and larger landlords owe one month's rent relocation payment (ORS 90.427)
- Late fees cannot be charged until day 5 and require a written agreement (ORS 90.260)
- Nonpayment eviction cases get a longer 15-day first appearance and a required rental-assistance notice (ORS 105.135; OJD Self-Help Center)
- Some past eviction records are cleared by law (ORS 105.164, per OJD Self-Help Center)
- Since June 5, 2026, landlords must accept rent by check or another commercially reasonable non-electronic method and cannot require tenant portals or electronic payment (2026 Or. Laws c.23, SB 1523); a 2026 smoking-policy change to ORS 90.262 (c.60, HB 4120) applies from Jan. 1, 2027
Federal law that also applies in Oregon
These federal rules apply on top of Oregon law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Oregon
These cities add their own tenant protections on top of state law:
Eviction by county in Oregon
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Multnomah County (Portland)
- Eviction in Washington County (Hillsboro / Beaverton)
- Eviction in Lane County (Eugene)
- Eviction in Clackamas County (Oregon City)
- Eviction in Marion County (Salem)
- Eviction in Jackson County (Medford)
For landlords
How to evict a tenant in Oregon — steps, cost, timeline and forms.
Common Oregon questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Oregon compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
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| Oregon | No statutory cap on the amount of a security deposit. ORS 90.300 | 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13) | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. ORS 90.394 |
| California | One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. Cal. Civ. Code § 1950.5(c)(1), (c)(5) | No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. Cal. Civ. Code § 1950.5(h)(1) | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Cal. Civ. Proc. Code § 1161(2) |
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2) |
| Nevada | Security deposit plus any surety bond may not total more than 3 months' periodic rent. NRS 118A.242(1) | 30 days after termination of the tenancy. NRS 118A.242(4) | Written notice to pay rent or surrender by the close of business on the 7th judicial day after service (summary eviction). For rent reserved weekly or less where the tenancy has lasted 45 days or less: by noon on the 4th full day after service. NRS 40.253(1) |
| Washington | No statutory cap on a residential security deposit. A holding fee/deposit to secure a unit may not exceed 25% of the first month's rent, and tenants may request to pay deposits, nonrefundable fees and last month's rent in installments (3 equal monthly installments for terms of 3 months or more; 2 otherwise). RCW 59.18.260; RCW 59.18.610 | 30 days after the rental agreement terminates and the tenant vacates (or 30 days after the landlord learns of abandonment). RCW 59.18.280(1) | 14-day notice to pay rent or vacate, in the statutory form. RCW 59.12.030(3); RCW 59.18.057 |
Oregon landlord-tenant FAQ
How much can a landlord charge for a security deposit in Oregon?
No statutory cap on the amount of a security deposit. (ORS 90.300)
How long does a landlord have to return a security deposit in Oregon?
31 days after the tenancy terminates and the tenant delivers possession. (ORS 90.300(12)-(13))
Does a landlord have to pay interest on a security deposit in Oregon?
Not required by statute. (ORS 90.300)
Does a landlord in Oregon have to give an itemized list of deposit deductions?
Within the same 31 days, the landlord must give a written accounting stating specifically the basis of each claim. Deductions are limited to amounts reasonably necessary to remedy tenant defaults (including unpaid rent) or repair damage beyond ordinary wear and tear. (ORS 90.300(7), (12))
What happens if a landlord in Oregon wrongfully keeps a security deposit?
Twice the amount withheld without a written accounting, or twice the amount withheld in bad faith. (ORS 90.300(16))
How much notice does a landlord have to give before evicting for unpaid rent in Oregon?
Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. (ORS 90.394)
How much notice is required to evict for a lease violation in Oregon?
At least 30 days' written notice. If the violation is curable, the notice must say so and give at least 14 days to cure. Repeat of substantially the same violation within 6 months: at least 10 days' notice, no cure right. Week-to-week: 7 days / 4-day cure / 4 days for repeats. (ORS 90.392)
How much notice is needed to end a month-to-month lease in Oregon?
Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party. (ORS 90.427)
Can a landlord enter without notice in Oregon?
At least 24 hours' actual notice, entry at reasonable times; tenant may not unreasonably withhold consent. Emergency entry allowed without notice, but if tenant absent the landlord must give actual notice within 24 hours after entry. (ORS 90.322)
Is there a limit on late fees in Oregon?
Allowed only if a written rental agreement provides for it and rent is not received by the 4th day of the rental period (fees begin on day 5). Cap: either (a) a reasonable flat fee once per period (customary amount in the market), (b) a reasonable daily fee not exceeding 6% of that flat amount, or (c) 5% of the periodic rent for each succeeding 5-day period. (ORS 90.260)
Can a tenant repair and deduct from rent in Oregon?
Minor habitability defects repairable for not more than $300: tenant gives written notice with a repair date at least 7 days out; may then have a qualified person repair and deduct up to $300 with a written cost statement. Tenant may not do the work personally. For essential services, tenant may buy substitute services and deduct cost (ORS 90.365). (ORS 90.368; ORS 90.365)
Can a tenant withhold rent for repairs in Oregon?
No general rent-withholding statute. Remedies for landlord noncompliance: 30-day termination notice if not cured within 7 days (essential services) or 30 days (other); damages; injunction; for essential-service failures, substitute services/deduct, diminished-rent damages, or substitute housing with rent excused. (ORS 90.360; ORS 90.365)
Can a landlord retaliate against a tenant for complaining in Oregon?
Landlord may not raise rent, reduce services, serve a termination notice, or sue for possession because the tenant complained to a government agency, made a good-faith complaint to the landlord, joined a tenant organization, testified against the landlord, or successfully defended a possession action within the previous 6 months. Tenant has a defense and the ORS 90.375 remedies. (ORS 90.385)
Is there rent control or a limit on rent increases in Oregon?
Statewide rent stabilization. After the first year, no more than one increase per 12 months, with at least 90 days' written notice; increase capped at the lesser of 10% or 7% + CPI (West Region CPI-U), published annually by DAS/Office of Economic Analysis. Max increase: 10.0% for 2025; 9.5% for 2026; 10% for 2027. Exempt: buildings whose first certificate of occupancy was issued less than 15 years before the notice date, and certain regulated affordable housing. Local rent control is otherwise preempted. (ORS 90.323; ORS 90.324; ORS 91.225)
Can a landlord change the locks or shut off utilities in Oregon?
If the landlord unlawfully removes/excludes the tenant or willfully interrupts utilities or essential services, the tenant may obtain an injunction to regain possession, or terminate and recover the greater of 2 months' periodic rent or twice actual damages; deposits and prepaid rent must be returned. (ORS 90.375)
What is the small claims court limit in Oregon for a deposit dispute?
$10,000 (ORS 46.405(3))
How do you remove a squatter in Oregon?
A 'squatter' is a person occupying a dwelling (or other property used for dwelling) who is not entitled under a rental agreement or authorized by the tenant; a tenant holding over is not a squatter. The owner or landlord may give the squatter 24 hours' written notice stating the date and time to vacate and that the cause is the person's status as a squatter, then take possession through the forcible entry and detainer (FED) court process (ORS 105.100-105.168). The notice does not create a tenancy. No statute authorizes police removal without a court judgment. (ORS 91.140 (2025 c.356); ORS 90.100(47); ORS 105.115(1)(h))
What can a landlord do with a tenant's abandoned property in Oregon?
Before storing, selling or disposing of abandoned property the landlord must give written notice by personal delivery or first-class mail (to the premises, any known P.O. box and any forwarding address) stating the property is considered abandoned, where it is stored, and a date to contact the landlord: not less than 5 days after personal delivery or 8 days after mailing (45 days for manufactured dwellings/floating homes). Landlord must store goods with reasonable care and may charge reasonable storage costs (not after a sheriff's restitution). If the tenant responds, landlord must make the property available for 15 days (30 for dwellings/homes). If unclaimed, property is conclusively presumed abandoned and may be sold at public or private sale or, if low value, disposed of. (ORS 90.425)
Is there a limit on rental application fees in Oregon?
Screening charge allowed only to cover screening costs and may not exceed the landlord's average actual cost or the customary amount charged by screening companies. Only one screening charge per applicant in any 60-day period regardless of how many units applied for. Before taking payment the landlord must adopt written criteria and give written notice of the charge, criteria, process, dispute/appeal rights, nondiscrimination policy, rent and deposits, and refund rights; must give a receipt and confirmation of screening. No charge when no units are available. Refund within 30 days if unit filled before screening or no screening done before written withdrawal. Penalty: twice the charge plus $250. Other applicant deposits/fees are barred except a deposit to secure execution of a rental agreement after approval. (ORS 90.295; ORS 90.297)
What rental fees are banned or limited in Oregon?
Landlord may not charge a move-in fee for anticipated landlord expenses and may not charge any fee except those listed in ORS 90.302, each of which must be described in the written rental agreement: late fee (ORS 90.260), dishonored check fee, smoke/CO alarm tampering (up to $250), pet-agreement violation, early abandonment of a fixed term (max 1.5x monthly rent; not for DV or military releases), and capped fees for repeated written-rule violations after a written warning ($50, then $50 + 5% of rent; $250 for smoking/unauthorized pet). Liquidated damages are barred. Since June 5, 2026, processing fees for card, tenant-portal or other electronic payments may be passed through only if the payment processor allows it, the landlord lets the tenant pay by check or another non-electronic method, and records of the fees are given to the tenant on written request. A landlord may not require electronic payment, and may not charge a late fee or terminate for nonpayment if it refused a payment offered by check or another commercially reasonable method. (ORS 90.302; 2026 Or. Laws c.23 (SB 1523) §§ 3, 5)
Can a domestic violence survivor break a lease in Oregon?
A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking may be released (with listed immediate family members) by giving at least 14 days' written notice specifying the release date, accompanied by verification: a protective order, a police report, a conviction, or a statutory-form statement signed by a qualified third party (law enforcement, attorney, licensed health professional, DOJ victim services employee or victim's advocate); the incident must be within the past 90 days (excluding time the perpetrator was incarcerated or lived 100+ miles away) unless a valid protective order is in place. The released tenant is not liable for rent or damages after the release date and owes no termination fee; other tenants remain bound. Landlord must keep the information confidential. (ORS 90.453)
When can a tenant break a lease without penalty in Oregon?
Military: a tenant may terminate on written notice with proof of orders when enlisting, ordered to active service outside the area for more than 90 days, terminating active service (also Public Health Service detailed to Army/Navy and NOAA corps) - generally effective the later of 30 days after notice or other listed dates; a state service member called up by the Governor for 90+ days may terminate effective the earlier of 30 days after the next rent due date or the last day of the following month, without fees or loss of deposit. No statewide medical/disability, senior-care or tenant-death termination right found in ORS ch. 90 (ORS 90.425(20) covers only property of a deceased sole tenant). Natural disaster (since June 5, 2026): if a natural disaster destroys the dwelling unit, the tenancy ends immediately; the landlord must return the deposit and prepaid rent (prorated from the date of the disaster), the tenant is not responsible for cleanup unless the tenant caused the disaster, and no rent is owed while the unit is inaccessible (for example, posted unsafe by a government agency). Does not apply to manufactured-dwelling or floating-home space rentals. (ORS 90.472; ORS 90.475; 2026 Or. Laws c.108 (HB 4037) § 21)
Can an eviction record be sealed or removed in Oregon?
Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. (ORS 105.163; ORS 105.164)
Can a landlord refuse Section 8 vouchers in Oregon?
Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. (ORS 659A.421)
Do tenants have a right to a free lawyer in eviction cases in Oregon?
No statewide right to counsel in eviction cases. (ORS ch. 90; ORS 105.100-105.168)
What does a Oregon notice to pay rent or quit have to include?
Written notice of nonpayment and the landlord's intent to terminate if rent is not paid: week-to-week - at least 72 hours, served no sooner than day 5 of the rental period; other tenancies - at least 10 days served no sooner than day 8, or at least 13 days served no sooner than day 5. Notice must state the amount of rent due and the date and time by which it must be paid. A copy of the Judicial Department's rental-assistance notice (ORS 105.136) must be delivered with any nonpayment termination notice, or the eviction case is dismissed. Service: personal delivery, first-class mail (add 3 days and state the extension), mail-plus-attachment if the written agreement allows, or email only with a signed addendum and also by first-class mail. (ORS 90.394; ORS 90.395; ORS 90.155)
What does a Oregon notice to end a month-to-month tenancy have to include?
Written notice. Week-to-week: 10 days. Month-to-month: tenant 30 days; landlord 30 days without cause only during the first year of occupancy. After the first year the landlord may terminate only for tenant cause or a qualifying landlord reason (demolition/conversion, unsafe repairs, landlord/family move-in, sale to an owner-occupant) on 90 days' notice (60 days in a qualifying sale with extra payment); the notice must state the reason and supporting facts, and landlords with an ownership interest in 5 or more residential dwelling units must pay one month's rent relocation at delivery. Service under ORS 90.155 (personal delivery; first-class mail plus 3 days; mail-and-attachment if agreed; email only with addendum and also mailed). (ORS 90.427; ORS 90.155)
What must a Oregon security deposit itemization include?
Within 31 days after the tenancy ends and possession is delivered, the landlord must give a written accounting stating specifically the basis or bases of any claim, with separate accountings for the security deposit and for prepaid rent, and return any unclaimed balance. Delivery by personal delivery or first-class mail, or by email if permitted under an ORS 90.155(1)(d) addendum; refund may be made electronically if agreed in an addendum after move-in. Failure or bad-faith withholding: twice the amount withheld. (ORS 90.300(12)-(14), (16))
How long does a landlord have to sue for unpaid rent in Oregon?
6 years for an action on a contract or liability, express or implied — the same period applies to written and oral leases. (ORS 12.080(1))
Can a landlord accept rent during an eviction in Oregon?
Yes, by statute. A landlord waives the right to terminate for a particular violation by accepting rent, with knowledge of it, during 3 or more separate rental periods, unless the landlord gave a qualifying written warning notice first. Rent refunded within 10 days does not count. Accepting rent after a termination notice does not waive it if the rent is prorated to the termination date, or the unused balance is refunded within 10 days. In a for-cause case already in court, accepting rent does not waive the termination if the landlord gave written notice that it would not, and the rent covers no period beyond the date accepted. Accepting partial rent waives a nonpayment termination unless (a) the partial payment was accepted before the notice, based on the tenant's promise to pay the balance, and the notice lets the tenant cure, or (b) after the notice, the landlord and tenant signed a written non-waiver agreement. Housing-assistance payments (Section 8, etc.) are not 'rent' for these rules. (ORS 90.412, 90.414, 90.417)
Can you be evicted in the winter in Oregon?
No statute — the Oregon Residential Landlord and Tenant Act (ORS ch. 90) and the eviction procedure law (ORS 105.100-105.168) set no winter or cold-weather limit on evictions. (ORS chs. 90, 105 checked)
Can a landlord give notice by text or email in Oregon?
Written notices must be served by (a) personal delivery, (b) first-class mail (which adds 3 days to the notice period, and the notice must say so), or (c) first-class mail plus attachment to the main entrance, if the written rental agreement allows it both ways. Email is allowed only under a separate written addendum signed after the tenant moves in, naming both parties' email addresses and including the statutory warning. Even then, a termination notice sent by email must also be sent by first-class mail. Other methods (such as text) may be used only in addition to a statutory method. (ORS 90.155)
How much notice is required for a rent increase in Oregon?
Week-to-week tenancy: 7 days' written notice. All other tenancies: no increase during the first year, then at least 90 days' written notice, no more than once in any 12 months, and no more than the statewide cap (the lesser of 10% or 7% + CPI, published each September by DAS). The notice must state the amount of the increase, the new rent, the effective date, and the facts supporting any exemption. Units whose first certificate of occupancy is less than 15 years old, and certain affordable housing, are exempt from the cap but not from the notice rules. Exceeding the cap: liability of 3 months' rent plus actual damages. Manufactured-home and floating-home spaces: 90 days' notice under ORS 90.600. (ORS 90.323, 90.324, 90.600)
Does a landlord have to give a copy of the lease in Oregon?
At or before move-in, the landlord must disclose in writing the name and address of the property manager and of the owner (or the owner's agent for service of process and notices), and keep this information current. The landlord must keep a copy of the rental agreement on file, let the tenant inspect it on request, and give the tenant a copy on request for a fee of no more than the lesser of 25 cents per page or actual cost. For buildings with 4 or fewer units, the landlord must also disclose any pending foreclosure, notice of default, or similar proceeding before the lease is signed. (ORS 90.305, 90.310)
What are tenants' rights in a foreclosure in Oregon?
A tenant who gets actual notice of a foreclosure may apply the security deposit or prepaid rent toward rent and cannot be evicted for doing so. A fixed-term tenant may end the lease with at least 60 days' written notice. For buildings with 4 or fewer units, failure to disclose a pending foreclosure before signing lets a tenant who must move recover twice actual damages or twice the monthly rent, plus prepaid rent. After a trustee's sale, the buyer must give a bona fide tenant written notice: at least 60 days for a fixed-term tenant (30 days if the buyer will live in the unit), and 30 days for month-to-month or week-to-week tenants. The buyer must then use the court eviction process. If the buyer accepts rent or gives no move-out notice within 30 days of the sale, the buyer becomes the landlord. (ORS 90.367, 90.310, 86.782(6)-(10))
Does a landlord have to fix mold in Oregon?
No mold-specific statute — the general habitability duty applies. A unit is unhabitable if it substantially lacks effective waterproofing and weather protection, plumbing in good working order, or floors, walls and ceilings in good repair, among other items. Mold is expressly excluded from the 'minor habitability defect' repair-and-deduct remedy (repairs up to $300), so tenants must use the other habitability remedies. (ORS 90.320(1); ORS 90.368(1)(b))
Who pays for pest control and bed bugs in Oregon?
No bed-bug-specific statute. At the start of the tenancy the landlord must deliver buildings and grounds free of rodents and vermin, and must keep areas under the landlord's control free of rodents and vermin. The tenant must keep areas under the tenant's control free of rodents and vermin to the extent the tenant caused the problem, and must reasonably cooperate with the landlord's efforts to remedy it. (ORS 90.320(1)(f); ORS 90.325(1)(b))
Does a landlord have to provide heat in Oregon?
Yes. A unit is unhabitable if it substantially lacks adequate heating facilities that conformed to applicable law when installed and are maintained in good working order. No statewide minimum indoor temperature or heating season. If the landlord deliberately or negligently fails to supply heat or other essential services, the tenant has remedies including procuring heat and deducting the cost, recovering damages, or obtaining substitute housing. (ORS 90.320(1)(d); ORS 90.365)
Does a landlord have to provide air conditioning in Oregon?
Partly. For units in buildings whose construction permits were issued on or after April 1, 2024, the landlord must provide adequate cooling in at least one room (not a bathroom) — central air, a heat pump or a landlord-provided portable air conditioner. For all tenancies, a landlord generally may not prohibit a tenant from installing or using a portable air conditioner or evaporative cooler, subject to listed safety, building-code, electrical-capacity and window-installation exceptions; written restrictions must say whether the landlord will offer a community cooling space kept at no more than 80°F during extreme heat events. No state maximum indoor temperature for older buildings. (ORS 90.320(1)(n); ORS 90.355)
What can a landlord deduct from a deposit for cleaning or damage in Oregon?
The landlord may claim from the deposit only the amount reasonably necessary to remedy the tenant's defaults under the rental agreement (including unpaid rent) and to repair damage caused by the tenant, 'not including ordinary wear and tear.' Labor charges for cleaning or repairs must be at a reasonable hourly rate. Machine carpet cleaning may be deducted only if the carpet was cleaned or replaced before the tenant moved in and the written rental agreement provides for the deduction regardless of whether the tenant cleans. The landlord need not actually make a repair to deduct its cost. (ORS 90.300(7))
Can a landlord put cameras in or around a rental in Oregon?
No landlord-specific statute. Knowingly recording a visual image of another person's intimate area without consent where there is a reasonable expectation of privacy, or observing a person in a state of nudity for sexual purposes, is invasion of personal privacy (crime). Recording an in-person conversation with a device generally requires that all participants be specifically informed; intercepting a phone or radio communication requires at least one participant's consent. (ORS 163.700; ORS 165.540(1))
Can a landlord limit guests or roommates in Oregon?
A landlord, tenant and proposed occupant may sign a written temporary occupancy agreement: the temporary occupant is not a tenant, the tenant may end it at any time, the landlord may end it only for a material violation, and the landlord may screen the occupant for conduct or criminal record but not credit or income. A temporary occupant who stays after the tenancy ends or after the tenant revokes permission is treated as a squatter. Any occupancy guideline a landlord adopts may not be more restrictive than two people per bedroom and must be reasonable considering bedroom size, unit size and discriminatory impact. (ORS 90.275; ORS 90.262(3))
Can a landlord deny a service or emotional support animal in Oregon?
A landlord may not charge a pet security deposit for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. Refusing reasonable accommodations in rules or policies needed for a person with a disability to use and enjoy a dwelling is an unlawful practice. Oregon has no housing-specific statute on documentation for emotional support animals or penalties for misrepresenting one in housing. (ORS 90.300(4); ORS 659A.145(2)(g))
Official resources for Oregon
- Oregon Judicial Department Self-Help: Landlord-Tenant
- DAS Office of Economic Analysis: Rent Stabilization
- ORS Chapter 90 (official)
- 2026 Oregon Laws A&R table
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.