Oregon Security Deposit Laws

In Oregon, security deposits are regulated by state law and must be specified in your rental agreement.
Written by Annette Maxon
Reviewed by Melanie Reiff
background
Oregon
state law mandates landlords to list security deposit specifics in rental agreements and return your security deposit within 31 days of moving out.
Every time you rent an apartment, you’ll probably be asked to dish out somewhere around a month’s rent for a security deposit—but the tricky thing is, each state has its own regulations surrounding security deposits and what they can be used for.
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What is Oregon law on security deposits?

Security deposits are legal in the state of Oregon, but landlords have to adhere to certain regulations. 
Specifically, state law defines a security deposit as “last month’s rent deposit” and specifies that it be written into lease contracts, as per
statute ORS 90.300
If your landlord is asking for a security deposit, be sure that this is written into your rental contract.
Upon receiving your deposit, your landlord is required to supply you with a receipt. Be sure to keep this for your records in the event that your deposit is difficult to get back when your lease is up.

What is the maximum security deposit a landlord can charge in Oregon? 

Oregon does not place a cap on the amount a landlord can charge in security deposits. Common practice is to charge the sum of one or two times the monthly rent. However, this will vary depending on the monthly rent amount and the unit’s amenities. 
Even though there is no maximum security deposit amount, state law does say that landlords can only charge what would be reasonably necessary to cover costs if:
  • The tenant is unable to meet all conditions of the rental agreement, such as neglecting rent payments
  • Damage is done to the rented unit—exceeding regular wear and tear

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

Your landlord must return your security deposit within 31 days of your lease ending. This extended timeline allows the landlord to assess the unit for damages before returning your money. 

What can a landlord withhold a security deposit for in Oregon?

If you have unpaid rent by the time your lease is up, the landlord is legally permitted to withhold all or part of your security deposit to cover the cost. 
Fortunately for renters across the country, normal wear and tear is not an acceptable reason for your landlord to withhold the security deposit. 
What counts as wear and tear can be a little unclear, though. In general, damage caused by irresponsible use or neglect is beyond normal wear and tear. 
Perhaps your weekend hang-out got rowdy and created a hole in your wall or you failed to notify your landlord of the water damage that’s been spreading across your ceiling for weeks. In these situations, your landlord would be entitled to withhold part of the security deposit. 

How to get your security deposit back in Oregon

If 31 days have come and gone and you’re still waiting on your security deposit, there are a couple of strategies you can try. 
Start by contacting your landlord to ask them about your security deposit. Before you get heated, make sure there wasn’t a simple mix-up, like the landlord writing down the wrong forwarding address or forgetting to drop off the check.  
In the case that your landlord still refuses to return your deposit,
Oregon law guarantees
that you will be reimbursed with twice the amount of the original deposit.

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FAQs

Yes, but under specific conditions. For starters, you cannot require your landlord to apply the rent to any month other than the last month of your lease. 
Your landlord must apply your security deposit to your final month of rent if you have agreed to terminate your lease or have received notice that the lease will be terminated.
Yes, your landlord can charge you for carpet cleaning. However, this only applies if the damages done to your carpet exceed general wear and tear. The cost to cover carpet cleaning can be taken out of your security deposit under
ORS 90.147
.
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