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Oregon Security Deposit Law, in Plain English

Oregon's statute doesn't cap deposits or require a bank account — its energy goes into the accounting. Thirty-one days, a written statement of the specific basis for every deduction, and double damages for landlords who skip it. Then Portland adds a second rulebook with a cap, a Condition Report, and a documentation duty. Here's how ORS 90.300 actually works, for both sides of the lease.

No statewide cap — but a frozen first year

Oregon sets no dollar limit on a security deposit. What it regulates is change: a landlord may not alter the rental agreement to require a **new or increased deposit during the first year** of tenancy — unless the tenant asks for a change, like adding a pet, or the original deposit was never fully paid. After the first year, any increase must give the tenant **at least three months** to pay it. Every deposit must be listed in the written rental agreement, and the statute contains no requirement for a separate account or interest — outside Portland, where the city ordinance does both (see below).

Defaults and damage — with the most specific carpet rule in the country

The landlord may claim from the deposit only what's **reasonably necessary** to remedy the tenant's defaults — unpaid rent chief among them — and to repair **damage caused by the tenant, not including ordinary wear and tear**. Cleaning is chargeable only to bring the unit back to its condition at the start of the tenancy. The landlord's own labor may be billed at a **reasonable hourly rate**. Then the carpet rule. A carpet-cleaning deduction is allowed only if **both** are true: the carpet was cleaned with a machine specifically designed for carpet cleaning (or replaced) after the previous tenant and **before this tenant moved in**, and the rental agreement says carpet cleaning may be charged. Miss either condition and the landlord eats the cleaning bill. It's a rule that quietly rewards landlords who document the unit's move-in condition — and punishes those who can't. **Pet deposits** are permitted for pets, but never for a service animal or a companion animal kept as a reasonable accommodation. A pet deposit is still a security deposit: refundable, and subject to the same accounting.

Oregon's deductions turn on move-in condition. Prove it on day one.

PropInspect walks you room by room — photos, 60-second video clips, and tagged notes attached to each room. Share the finished report as a link the other party can view without an account, or download it as a PDF to attach to the 31-day accounting or a Portland Condition Report. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Oregon law or a particular result in a deposit dispute.

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After move-out: 31 days, and the basis of every claim in writing

Within **31 days** after the tenancy ends and the tenant delivers possession, the landlord must give the tenant a **written accounting that states specifically the basis** of each claim against the deposit, and return whatever's left — by personal delivery, first-class mail, or email if the parties agreed to email *after* the tenancy ended. Prepaid **last month's rent** follows its own path: it must be applied to the final month when the tenancy ends by notice, agreement, or expiration, and any unused balance is accounted for and returned exactly like a deposit. Not 30 days — 31. Guides that round it are wrong by a day that occasionally decides a case.

Renting in Portland? City Code 30.01.087 applies on top

Since March 2020, Portland layers its own rules over ORS 90.300. The headline items: a **cap of one month's rent** (one and a half months in limited screening situations); the rental agreement must name the **financial institution** holding the deposit and whether the account earns interest, with interest paid to the tenant less up to 5% for administration; a **Condition Report** at move-in listing fixtures, appliances, and equipment, which the tenant completes and returns **within 7 days**; a landlord duty to keep **documentation of the unit's condition**; and a rent-payment history on request within five business days. The Portland Housing Bureau publishes the required notice of security deposit rights and administrative rules — which have been amended since 2020, so check the current versions. For a Portland landlord, the practical upshot is that dated, room-by-room documentation isn't just good practice; it's the ordinance.

When it goes wrong: double the amount — if the accounting was missing or dishonest

ORS 90.300(16) lets the tenant recover **twice the amount** withheld **without a written accounting**, and twice any amount withheld **in bad faith**. The structure matters: a landlord who sends a timely, specific accounting and simply overestimates a repair in good faith is exposed only to the actual overcharge. A landlord who sends nothing, or invents a charge, pays double. Deposit disputes go to the **small claims department** of the circuit court, which hears claims up to **$10,000** — informal, inexpensive, attorneys only with the court's permission. The winning file: the rental agreement, the 31-day accounting or the silence where one should have been, the Portland Condition Report if applicable, and dated room-by-room photos from both ends of the tenancy.

來源及官方法律文本

The official sources for this guide are **ORS 90.300** — security deposits and prepaid rent; **Portland City Code 30.01.087** — the city's stricter deposit rules; the **Portland Housing Bureau's** security-deposit guidance and administrative rules; and the **Oregon Judicial Department's Small Claims** page ($10,000 limit).

常見問題

How long does a landlord have to return a security deposit in Oregon?

31 days after the tenancy ends and you deliver possession. Within that window the landlord must give you a written accounting that states the specific basis for each deduction and return the balance — by hand, first-class mail, or email if you both agreed to email after the tenancy ended.

How much can a landlord charge for a security deposit in Oregon?

State law sets no cap. It does bar the landlord from demanding a new or larger deposit during your first year (unless you asked for a change, like adding a pet), and any later increase must give you at least three months to pay. Inside Portland, the city caps deposits at one month's rent in most cases.

What can a landlord deduct from a deposit in Oregon?

Amounts reasonably necessary to cover your defaults — unpaid rent, for one — and to repair damage you caused beyond ordinary wear and tear, plus cleaning needed to return the unit to its move-in condition. The landlord may charge for their own labor at a reasonable hourly rate. Ordinary aging of paint and carpet is never deductible.

Can my landlord charge me for carpet cleaning in Oregon?

Only if two things are true: the carpet was cleaned with a proper carpet-cleaning machine (or replaced) after the last tenant and before you moved in, and your rental agreement says carpet cleaning may be charged. If either is missing, routine carpet cleaning is the landlord's expense.

What happens if the landlord skips the accounting or keeps money in bad faith?

You can recover twice the amount withheld without a written accounting, and twice any amount withheld in bad faith (ORS 90.300(16)). A landlord who sends a timely, specific accounting but simply overestimates a repair in good faith is exposed only to the actual overcharge.

Does Oregon allow pet deposits?

Yes, for pets — but never for a service animal or a companion animal you keep as a reasonable accommodation under fair housing law. A pet deposit is still a security deposit: it's refundable and subject to the same 31-day accounting.

What extra rules apply in Portland?

Portland City Code 30.01.087 caps deposits at one month's rent in most cases, requires the lease to name the bank holding the deposit and whether it earns interest (interest goes to you, minus up to 5%), requires a Condition Report at move-in that you complete and return within 7 days, and obliges the landlord to document the unit's condition. Check the Portland Housing Bureau's current rules — they've been amended since 2020.

Where do deposit disputes go in Oregon?

The small claims department of the circuit court, for claims up to $10,000 — informal and inexpensive, with attorneys only by the court's permission. Bring the rental agreement, the 31-day accounting (or proof none arrived), the Portland Condition Report if applicable, and dated move-in and move-out photos.

Landlord or tenant, the rule is the same: the record wins arguments you'd rather not have.

Document the move-in today so the move-out is boring. Photos, video, and notes for every room, offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Oregon law or a particular result in a deposit dispute.

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These state rules are not interchangeable. Read the guide for the state where the rental is located.

來源及官方法律文本