Oregon Residential Landlord and Tenant Act: Deposits, Rent, Eviction

The Oregon Residential Landlord and Tenant Act, codified primarily in ORS Chapter 90, governs nearly every residential rental in the state and sets enforceable rules on rental agreements, security deposits, rent increases, habitability, landlord entry, evictions, retaliation, discrimination, and what happens to belongings left behind after a move-out. Both landlords and tenants face real financial consequences for ignoring it. The sections below walk through the provisions that come up most often, with 2026 figures where they apply.

What Your Rental Agreement Can and Can’t Say

Every tenancy is governed by a rental agreement, written or verbal. Oral agreements are legally valid for month-to-month tenancies, but they leave both sides without proof of what was agreed to. A written lease creates an enforceable record of rent amounts, due dates, pet policies, and utility responsibilities.

Every written rental agreement in Oregon must disclose the landlord’s smoking policy for the property. Fixed-term leases should also specify duration, renewal conditions, and what happens at the end of the term. Any clause that tries to waive a tenant’s statutory rights is unenforceable, including provisions that purport to give up the right to habitable conditions or protection from unlawful eviction.¹ A court will disregard those clauses no matter whose signature is on the page.

Late Fees

Late fees are allowed, but only if the written lease specifically authorizes them, identifies the type and amount, and states when rent is due and when the fee starts.² The landlord must pick one of three structures:

A reasonable flat fee, once per rental period, based on what’s customary in the local market.
A daily charge that cannot start before the fifth day of the rental period and cannot exceed 6% of the reasonable flat-fee amount. It stops accruing once rent is paid or the rental period ends.
A charge of 5% of the monthly rent, imposed once for each five-day period rent remains unpaid, starting on the fifth day of the rental period.

Stacking multiple types, or inventing a fourth, isn’t permitted.

Security Deposits

Oregon does not cap the dollar amount of a security deposit. A landlord may charge whatever amount they choose, but must provide a written receipt.³ Market pressure tends to keep deposits at one to two months’ rent.

During the first year of the tenancy, a landlord generally cannot require a new or increased deposit. The exception is when both parties agree to change lease terms in a way that justifies an additional deposit, such as adding a pet. After the first year, the landlord can increase the deposit but must give the tenant at least three months to pay the new amount.³

Pet Deposits and Assistance Animals

Pet deposits follow the same statutory framework as any other security deposit. Landlords are free to require a separate pet deposit as a condition of allowing animals. They cannot, however, charge a pet deposit, pet rent, or pet fee for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation.³ The federal Fair Housing Act reinforces the same point: a housing provider must allow an assistance animal and waive pet-related charges when a tenant has a disability-related need for it.⁴

Returning the Deposit

Once the tenancy ends and the tenant surrenders the unit, the landlord has 31 days to either return the deposit in full or send a written statement itemizing deductions. Deductions are limited to unpaid rent, damages beyond ordinary wear and tear, and other charges the lease specifically allows.³ A landlord who misses the 31-day deadline or withholds money in bad faith can be sued for double the wrongly withheld amount.

Rent Increases

Oregon was one of the first states to enact statewide rent stabilization. The core rule: a landlord cannot increase the rent at all during the first year of a tenancy.⁵ After that, any increase requires at least 90 days’ written notice stating the new amount and the effective date. An increase served without proper notice is unenforceable.

Annual increases are capped at 7% plus the Consumer Price Index for All Urban Consumers, West Region, as published the previous September, with a hard ceiling of 10%. The Oregon Department of Administrative Services publishes the exact figure each fall. For 2026, the maximum allowable rent increase is 9.5%.⁶

Two categories of property are exempt. Buildings whose first certificate of occupancy was issued less than 15 years before the date of the rent-increase notice fall outside the cap. So do government-regulated affordable housing units, provided the change doesn’t increase the tenant’s actual share of the rent.⁶

Habitability and Repairs

Landlords must keep rental units habitable for the whole tenancy. Under ORS 90.320, a unit is unhabitable when it substantially lacks working plumbing, adequate heating, functional electrical wiring, effective weatherproofing, or other essentials that conform to applicable building codes.⁷ Landlords must also provide working locks, smoke alarms, and carbon monoxide detectors where required, and keep any included appliances working.

When something breaks, the tenant should notify the landlord in writing. Response deadlines depend on what’s wrong. For essential services like heat or water, the landlord has seven days. For non-essential repairs, the window is 30 days. If a loss of essential service creates an immediate threat to health, safety, or property, the deadline drops to 48 hours.⁸

If the landlord doesn’t act in time, tenants have remedies. For minor habitability defects costing up to $300, a tenant can arrange the repair and deduct the cost from rent. A tenant can also give 30 days’ written notice to terminate the lease when the landlord fails to maintain habitable conditions or otherwise breaches the agreement.⁸

Landlord Entry

A landlord’s right to enter is limited. For non-emergency reasons like inspections, routine maintenance, or showings, the landlord must give at least 24 hours’ actual notice and enter at reasonable times. “Actual notice” means the tenant genuinely receives it; putting a letter in the mail doesn’t cut it.⁹

Two situations relax the requirement. Genuine emergencies such as fires, gas leaks, or major water damage allow immediate entry without notice. And when a tenant submits a written repair request, that request itself authorizes entry to make the repair, without separate notice. That authorization expires after seven days unless the repair is actively in progress and the landlord is making a reasonable effort to finish.⁹

If a landlord enters without proper notice or authorization, the tenant can recover actual damages or one month’s rent, whichever is greater.⁹ Tenants who document unauthorized entries and bring the claim do collect.

Ending a Tenancy

Oregon’s eviction rules are among the most detailed in the country. Landlords can’t simply tell a tenant to leave. They must follow notice procedures that vary by the reason for ending the tenancy, and a misstep can invalidate the entire process.

No-Cause Termination

For tenants in a month-to-month tenancy during their first year of occupancy, the landlord can end the tenancy without stating a reason by giving at least 30 days’ written notice.¹⁰

After the first year, no-cause termination is largely off the table. A landlord may only end the tenancy without cause in narrow circumstances: planning to demolish the unit, converting it to non-residential use, undertaking major renovations that require vacancy, or moving in personally. Each of these requires 90 days’ written notice and a relocation payment equal to one month’s rent, paid when the notice is delivered.¹⁰ A no-cause termination that doesn’t fit one of those categories invites a court challenge.

For-Cause Termination

When a tenant violates the lease, the landlord can issue a 30-day termination notice describing the violation and giving the tenant at least 14 days to fix the problem. If the tenant cures within that window, the notice is void.¹¹ If the tenant doesn’t cure, the landlord can file for eviction after the 30 days.

Certain violations skip the cure period. If a tenant threatens or inflicts substantial personal injury on someone at the property, engages in drug manufacturing or delivery, or commits acts “outrageous in the extreme,” the landlord can serve a 24-hour notice to vacate.¹² Even then, if the tenant doesn’t leave, the landlord must go through the courts. Self-help measures like changing the locks are not allowed.

Nonpayment of Rent

Nonpayment has its own statute, ORS 90.394. The required notice depends on the tenancy type:

Week-to-week tenancies: at least 72 hours’ written notice, not served before the fifth day of the rental period.
All other tenancies, including month-to-month: either at least 10 days’ written notice, not served before the eighth day of the rental period, or at least 13 days’ written notice, not served before the fifth day.

The notice must state the amount owed and the intent to terminate if the tenant doesn’t pay within the notice window.¹³ If the tenant pays everything owed before the deadline, the tenancy continues and eviction cannot proceed.

The Court Process

If the tenant doesn’t leave or cure, the landlord’s next step is filing a forcible entry and detainer action (FED) in circuit court. As of 2026, the filing fee is $88, plus an additional trial fee if the case goes to hearing.¹⁴ After filing, the tenant is served with the complaint and summons, and a first appearance hearing is scheduled. If the tenant loses, a notice of restitution is served and the tenant generally has four days to move out. Law enforcement carries out removal if the tenant doesn’t leave voluntarily.

Retaliation Is Off Limits

Oregon law explicitly bars landlords from punishing tenants for exercising legal rights. A landlord cannot raise rent, reduce services, serve a termination notice, or threaten eviction because the tenant did something the law protects.¹⁵

Protected activities include complaining to a government agency about building or health code violations, making a good-faith complaint to the landlord about conditions, joining or organizing a tenants’ union, and testifying against the landlord in a legal or administrative proceeding. Even expressing an intent to file a complaint is protected.¹⁵

When retaliation is proven, the tenant has a complete defense to any eviction action and can pursue the remedies available under ORS 90.375 for unlawful ouster or exclusion.

Discrimination and Source of Income

Oregon’s fair housing law covers the standard federal protected classes (race, color, religion, sex, national origin, familial status, and disability) and goes further. ORS 659A.421 also prohibits housing discrimination based on sexual orientation, gender identity, marital status, and source of income.¹⁶

The source-of-income protection matters for renters. Landlords cannot refuse to rent to someone simply because their income comes from housing assistance such as Section 8 vouchers, Social Security, or other government programs. Landlords can still evaluate whether an applicant can afford the rent, counting the value of any housing assistance, but the decision has to turn on ability to pay rather than the type of income.¹⁶ “No Section 8” in a listing is a violation of Oregon law.

Belongings Left Behind After Move-Out

When a tenant moves out and leaves things behind, landlords can’t just toss everything. ORS 90.425 requires a notice-and-wait process that varies by property type.

Before disposing of or selling abandoned items, the landlord must deliver written notice to the tenant, either personally or by first-class mail to the premises, any known P.O. box, and any forwarding address the tenant provided. The notice must describe the property as abandoned, explain how to arrange removal, and set a deadline for contact.

For most personal property, the deadline is at least five days after personal delivery or eight days after mailing. For an abandoned manufactured dwelling or floating home, the deadline extends to at least 45 days, and the landlord must also notify any lienholders and the county tax collector and assessor.¹⁷

If the tenant responds in time, the landlord must make the items available for pickup at reasonable times over the following 15 days (30 days for manufactured dwellings or floating homes). If the tenant doesn’t respond, the landlord can sell or dispose of the property after the deadline passes. For property abandoned after a standard move-out, the landlord may require reimbursement of removal and storage costs before releasing items.¹⁷ Skipping steps exposes the landlord to liability.

1
Oregon State Legislature. Oregon Code 90.245 – Prohibited Provisions in Rental Agreements; Remedy
2
Oregon State Legislature. Oregon Code 90.260 – Late Rent Payment Charge or Fee; Restrictions; Calculation
3
Oregon State Legislature. Oregon Code 90.300 – Security Deposits; Prepaid Rent
4
U.S. Department of Housing and Urban Development. Assistance Animals
5
Oregon State Legislature. Oregon Laws 2021 Chapter 252 – Amending ORS 90.323
6
Department of Administrative Services. Rent Stabilization
7
Oregon State Legislature. Oregon Code 90.320 – Landlord to Maintain Premises in Habitable Condition; Agreement With Tenant to Maintain Premises
8
Oregon State Legislature. Landlord-Tenant Rights Background Brief
9
Oregon State Legislature. Oregon Code 90.322 – Landlord or Agent Access to Premises; Remedies
10
Oregon State Legislature. Oregon Code 90.427 – Termination of Tenancy Without Tenant Cause; Effect of Termination Notice
11
Oregon State Legislature. Oregon Code 90.392 – Termination of Tenancy for Cause; Tenant Right to Cure Violation
12
Oregon State Legislature. Oregon Revised Statute Chapter 90 – Residential Landlord and Tenant
13
OregonLaws. Oregon Code 90.394 – Termination of Tenancy for Failure to Pay Rent
14
Oregon Judicial Department. 2026 Circuit Court Fee Schedule
15
Oregon State Legislature. Oregon Code 90.385 – Retaliatory Conduct by Landlord; Tenant Remedies and Defenses; Action for Possession in Certain Cases
16
OregonLaws. Oregon Code 659A.421 – Discrimination in Selling, Renting or Leasing Real Property
17
Oregon State Legislature. Oregon Code 90.425 – Disposition of Personal Property Abandoned by Tenant