Oregon security deposit laws are detailed under the Oregon Revised Statutes (ORS), Chapter 90, particularly in Sections 90.300 and 90.302. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Oregon law. Please note that rules and regulations may vary by municipality.
Oregon law does not set a maximum limit on the amount a landlord can charge as a security deposit. The amount is typically determined by the landlord and tenant during the lease negotiation and must be clearly stated in the rental agreement.
Oregon law does not specify how or where landlords must hold security deposits. However, it is common practice for landlords to keep the deposit in a separate account to avoid commingling it with other funds.
There is no specific requirement under Oregon law for landlords to notify tenants about the location or account where the security deposit is held. However, landlords must provide a written rental agreement that includes the terms regarding the security deposit.
Oregon law does not require landlords to pay interest on security deposits, even if the deposit is held in an interest-bearing account.
Landlords in Oregon must return the security deposit, along with a written, itemized statement of any deductions, within 31 days after the termination of the tenancy and the tenant’s return of possession of the rental unit.
The landlord must provide an itemized list of deductions, detailing the amount and reason for each deduction within the timeline above.
If the dispute cannot be resolved through negotiation, the tenant may file a claim in small claims court.
In court, the landlord must provide evidence justifying the deductions. This can include photos of damages, repair receipts, cleaning invoices, and any relevant sections of the lease agreement.
Landlords in Oregon may deduct from the security deposit for the following reasons:
If a landlord fails to return the security deposit or provide an itemized statement of deductions within 31 days, they may be liable for twice the amount of the security deposit to the tenant, in addition to the original deposit amount. The tenant may also recover attorney’s fees if they successfully sue the landlord for the deposit.
In cases where the landlord sells the property, they must transfer the security deposit to the new owner, who then assumes responsibility for the deposit according to the terms of the lease and Oregon law. The new owner is required to notify the tenant in writing of the transfer and any changes in the handling of the deposit.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.