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Oregon security deposit law

Source: Or. Rev. Stat. §§ 90.300, 90.302 · Checked against the statute

Maximum deposit
No statewide limit. During the first year a landlord may not add a new or larger deposit, except one tied to an agreed change such as allowing a pet. After the first year, the tenant gets at least 3 months to pay a new or larger deposit.
Return deadline
31 days after the tenancy terminates
If the landlord keeps it wrongly
Twice the amount withheld without a written accounting, or withheld in bad faith (ORS 90.300(16)).

Calculate your Oregon deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Within 31 days after the tenancy ends and the tenant delivers possession, return the deposit (or the unclaimed part) and give a written accounting that states the basis of any claim.

The statute does not require a forwarding address. The accounting and refund go by personal delivery or first-class mail, or by email if allowed under ORS 90.155.

Itemized list of deductions

Required: Yes. A written accounting that states specifically the basis or bases of each claim. Security deposits and prepaid rent need separate accountings.

What can and can't be deducted

Deductions are limited to amounts reasonably necessary to cure the tenant's defaults (such as unpaid rent) and to repair damage the tenant caused, not including ordinary wear and tear. Labor must be billed at a reasonable hourly rate. Machine carpet cleaning can be charged only if the carpet was cleaned before move-in and the written agreement allows the charge.

Nonrefundable fees

A landlord may not charge a fee at the start of a tenancy for an expected landlord expense. Only the fees listed in ORS 90.302 are allowed (for example late rent, dishonored checks, certain rule violations), and they must be in the written agreement. Fees do not have to be accounted for or returned. A security deposit by definition does not include a fee.

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement.
  • Separate account required: No. No statewide separate-account rule. The landlord holds the deposit for the tenant, and the tenant's claim comes before the landlord's creditors.
  • Move-in inspection required: No. No statewide move-in inspection rule. The landlord must give a receipt for the deposit, and a written rental agreement must list the deposit.

Penalties and bad faith

Twice the amount withheld without a written accounting, or withheld in bad faith (ORS 90.300(16)).

Double damages apply to any amount withheld without the required written accounting, and to any amount withheld in bad faith.

Getting your deposit back in court

Circuit court small claims departments hear claims up to $10,000 (ORS 46.405(3)). Court information

Before filing, many tenants send a written demand first. Write a Oregon demand letter →

City and county rules

  • Portland: Portland caps the deposit at one month's rent (or half a month extra if last month's rent is collected), plus up to half a month for a conditionally approved applicant, payable in installments over up to 3 months. Within two weeks the landlord must put the deposit in a secure financial institution account kept separate from the landlord's personal and business accounts. It also requires a move-in condition report with photos, a final inspection within one week, and photos of damage with the accounting. Violations cost up to $250 each plus actual damages and attorney fees (Portland City Code 30.01.087).

Also good to know

  • A last month's rent deposit counts as a security deposit and must be applied to the last month's rent when the tenancy ends by notice, by agreement, or at the end of a fixed term.
  • A landlord may not charge a pet deposit for a service or companion animal needed as a disability accommodation.
  • Oregon Laws 2026, chapter 23 (SB 1523, effective June 5, 2026) amended ORS 90.302 about tenant portals and payment methods. ORS 90.300 was not amended in 2026.
  • Since June 5, 2026 (Oregon Laws 2026, ch. 108, § 21, HB 4037): if a natural disaster destroys the unit, the tenancy ends right away and the landlord must return the deposit and prepaid rent under ORS 90.300, including rent prorated from the date of the disaster. This doesn't apply to manufactured-dwelling and floating-home tenancies (ORS 90.505 to 90.850).
  • A tenant charged a fee that ORS 90.302 doesn't allow may recover twice actual damages or $300, whichever is greater (ORS 90.302).

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.