Published 2026-09-25 · 10 min read

Oregon Landlord-Tenant Law 2026: The Plain-English Guide

Quick answer - Oregon: Oregon states no deposit cap in ORS 90.300: return the deposit within 31 days after the tenancy ends and possession is delivered, or face up to twice the amount wrongfully withheld. Nonpayment notices run 10 or 13 days, and rent increases need 90 days' notice after year one.

Oregon runs residential rentals mainly out of one chapter of the Oregon Revised Statutes: Chapter 90, the Residential Landlord and Tenant Act — definitions, deposits, fees, rent increases, habitability, entry, termination, retaliation, and discrimination in ORS 90.390 and ORS 659A.421. Possession itself is recovered only through the forcible entry and detainer action in ORS 105.100 to 105.168, which the Chapter 90 termination sections incorporate by reference. This guide states the current law, verified against the official statute text published by the Oregon Legislative Counsel at oregonlegislature.gov (2025 edition of ORS Chapter 90, read in full for the sections cited) and, for the 2026 rent figure, the Oregon Department of Administrative Services publication required by ORS 90.324.

Seven corrections and completions to start. First, the nonpayment notice is not 72 hours for an ordinary tenancy: ORS 90.394 gives a landlord of a tenancy other than week-to-week a choice — at least 10 days' written notice, given no sooner than the eighth day of the rental period, or at least 13 days' written notice, given no sooner than the fifth day (counting the first day rent is due as day one). The 72-hour notice in that section is only for a week-to-week tenancy. Second, there is no 60-day no-cause notice after the first year: the old page's "(60 days if the tenancy has lasted over a year)" is not in ORS 90.427. After the first year of occupancy, a landlord may terminate a month-to-month tenancy only for a tenant cause, or for one of the four qualifying landlord reasons in ORS 90.427(5), on at least 90 days' written notice stating the reason and supporting facts, paying the tenant one month's periodic rent when the notice is delivered — with a small-landlord exception to the payment, not to the notice or the reason. The section's 60-day figures are narrower: a sale-based termination shortened from 90 days when an extra month's rent is paid at notice, and the without-cause notice for a landlord living in the same building or on the same property in a building of two or fewer units. Third, the cure period for other lease violations is not "generally 14 days": under ORS 90.392 the termination date must be not less than 30 days after delivery; 14 days is the minimum cure deadline inside that notice, and a repeat of substantially the same violation within six months takes not less than 10 days with no right to cure (unavailable if the only violation is the current month's rent). Fourth, the deposit penalty is keyed to accounting and bad faith: ORS 90.300(16) lets the tenant recover the money due in an amount equal to twice the amount withheld without the written accounting subsection (12) requires, or withheld in bad faith — the accounting and the return are separate duties, each on the 31-day clock. Fifth, carpet cleaning has three statutory conditions, not one: ORS 90.300(7)(c)(A) also requires cleaning by a machine specifically designed for cleaning or shampooing carpets, and that the carpet was cleaned or replaced after the previous tenancy or the most recent significant use and before the tenant took possession; the agreement term must allow the deduction regardless of whether the tenant cleans the carpet before delivering possession. Sixth, repair-and-deduct is a $300 statute, full stop: summaries stating the cap as the lesser of $300 or half a month's rent are wrong for Oregon — ORS 90.368 defines a minor habitability defect as one repairable for not more than $300 and caps the deduction at the actual and reasonable cost, not to exceed $300, after written notice with a specified date at least seven days out, and the tenant may not perform the work themselves. Seventh, retaliation has no one-year presumption in ORS 90.385: the section lists protected acts and barred responses but states no look-back or presumption window; its one express time figure is six months, defining one protected act — successful defense of a possession action within the previous six months, subject to two exceptions. Do not import a one-year window.

On the two headline numbers, the old page was right, and this guide confirms both from primary sources rather than repeating them. The deposit: ORS 90.300, subsections (1) through (18) as published in the 2025 edition, states no maximum amount for a security deposit — what it regulates is the receipt, the listing in the written agreement, a bar on new or increased deposits during the first year, the permitted claims, the 31-day accounting and return, and the bad-faith remedy. A secondary source claiming a statewide cap of one month's rent (two months furnished) was checked against the section and is not in it; that figure pattern belongs to other states' statutes and to city rules, not to ORS 90.300. The rent cap: ORS 90.324 requires the Department of Administrative Services to calculate and publish the maximum by September 30 each year as, for ORS 90.323 tenancies, the lesser of ten percent or seven percent plus CPI; the Department's published figure for calendar 2026 is 9.5%, and the separate 6% figure in ORS 90.324(1)(a) applies only to tenancies under ORS 90.600(1) in manufactured-dwelling and marina facilities with more than 30 spaces — facilities with 30 or fewer spaces use the same 9.5% figure as ordinary tenancies.

Disclaimer: this is general information, not legal advice. ORS Chapter 90 does not apply to every occupancy — ORS 90.110 excludes, among others, institutional residence incidental to medical, educational, counseling, religious, or similar services, transient hotel or motel occupancy, vacation occupancy, occupancy by a squatter, employee occupancy conditioned on employment in and about the premises, condominium-owner and cooperative occupancy, and premises used primarily for agricultural purposes, and ORS 90.113 excludes residence in specified licensed programs and facilities — and manufactured dwelling and floating home facility tenancies are governed in large part by ORS 90.505 to 90.850, a different regime noted here only in passing. ORS 90.115 gives the chapter territorial reach over any rental agreement, wherever made, for a dwelling unit in Oregon. City ordinances are not covered: Portland maintains its own renter-protection and security-deposit rules in Portland City Code 30.01.085 and 30.01.087, and no Portland figure is stated here because none was verified from the city's code text for this run — check portland.gov and your own city's code. Consult an Oregon landlord-tenant attorney for your situation.

At a glance

When the clocks actually start

Oregon's clocks run from different events. The deposit clocks in ORS 90.300(12) and (13) both run from termination of the tenancy and delivery of possession — both events. The nonpayment clock in ORS 90.394 runs from the rental period: the day rent is due counts as day one, the 13-day notice cannot be given before day five, and the 10-day notice cannot be given before day eight. The late-charge clock in ORS 90.260 runs the other way: no charge unless rent is not received by the fourth day, and the per-day and five-percent forms begin on the fifth day. The rent-increase clock in ORS 90.323(2)(b) runs from written notice: at least 90 days prior to the effective date, and never inside the first year after the tenancy begins. The qualifying-reason clock in ORS 90.427(5) runs at least 90 days prior to the designated termination date, and the one month's rent under subsection (6) is due when the notice is delivered. The tenant's landlord-noncompliance clock in ORS 90.360(1)(a) runs from delivery of the tenant's written notice: termination not less than 30 days after delivery, with cure in seven days for an essential service or 30 days otherwise. The repair-and-deduct clock in ORS 90.368(3)(b) runs from the date the tenant's notice is given: the specified repair date must be at least seven days after that date. Day counting is codified in ORS 90.160(1): consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m.; and under ORS 90.155(2), a written notice served by first class mail alone extends the minimum period by three days, an extension the notice itself must include.

Worked example, weekday-verified: a tenancy terminates and the tenant delivers possession on Monday, March 2, 2026, leaving a $2,400 deposit on $1,600 monthly rent. The written accounting stating specifically the basis of any claim, and the return of the unclaimed portion, are both due within 31 days after termination and delivery of possession — by Thursday, April 2, 2026, by personal delivery or first class mail (or email if ORS 90.155(1)(d) allows it). Documented claims of $550 (unpaid rent and tenant-caused damage beyond ordinary wear and tear, labor at a reasonable hourly rate) leave $1,850 due. A landlord who keeps that $1,850 without the subsection (12) accounting, or in bad faith, exposes themselves under ORS 90.300(16) to recovery of the money due in an amount equal to twice the amount withheld on either ground — $3,700 measured on the withheld $1,850 — and subsection (18) preserves other damages under the chapter. Use our Security Deposit Deadline Finder and deductions guide to build the record this arithmetic depends on.

Second worked example, weekday-verified: monthly rent is due Sunday, March 1, 2026 and is not paid. Counting March 1 as day one, the landlord's two ORS 90.394 routes converge. The 13-day notice may be given no sooner than the fifth day — Thursday, March 5, 2026 — and its 13 calendar days (ORS 90.160: not counting the service day, counting the last day to 11:59 p.m.) run to Wednesday, March 18, 2026. The 10-day notice may be given no sooner than the eighth day — Sunday, March 8, 2026 — and its 10 days run to the same Wednesday, March 18, 2026. Either notice must specify the amount of rent that must be paid and the date and time by which the tenant must pay to cure (ORS 90.394(3)), and service by first class mail alone requires the three days ORS 90.155(2) adds, stated in the notice. A 72-hour notice on this monthly tenancy is the wrong instrument: in ORS 90.394, 72 hours belongs to week-to-week tenancies only, given no sooner than the fifth day of the rental period.

Third worked example: rent is $1,800 in a unit whose first certificate of occupancy was issued more than 15 years before the increase notice, and the tenancy is past its first year. The ORS 90.324 maximum for 2026 is 9.5%, so the largest lawful increase is $171, to $1,971 — only on written notice at least 90 days before the effective date, only if no increase has taken effect in the preceding 12 months, and only with a notice specifying the amount of the increase, the amount of the new rent, and the effective date (ORS 90.323(3)); an increase relying on an ORS 90.323(5) exemption must also state the facts supporting the exemption. Exceeding the cap outside an exemption costs three months' rent plus actual damages under ORS 90.323(6) — $5,400 plus damages on this rent. See how to raise rent legally. To check a planned increase against the cap that applies to your unit, run it through our free Rent Cap Checker before you send the notice.

Fourth worked example, weekday-verified: a tenant gives the written ORS 90.368 notice on Monday, March 2, 2026, describing a leaky plumbing defect the tenant will have repaired if the landlord does not repair by a specified date at least seven days after the notice is given — the earliest compliant date is Monday, March 9, 2026. If the landlord does not substantially repair by then and no ORS 90.368(5) bar applies, the tenant may have the work done — workmanlike, and by someone other than the tenant — and deduct the actual and reasonable cost, not to exceed $300, from a subsequent rent obligation, on the repairer's written statement of the actual cost.

How much can an Oregon landlord charge as a security deposit or prepaid rent? (ORS 90.300)

The definition is in ORS 90.100(45): a security deposit is a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement, and it does not include a fee. ORS 90.300(1) adds that "security deposit" in that section includes any last month's rent deposit.

• No cap (verified absence). ORS 90.300 states no maximum amount in any of its eighteen subsections, and no other section of Chapter 90 read for this verification caps the deposit. What a landlord may charge is therefore a market and fair-housing question statewide — but everything collected to secure performance is a deposit under ORS 90.100(45) however the lease denominates it, and the rules below apply to it. City rules are a separate layer; see the disclaimer above.
• Receipt, holding, listing (subsections (2), (3)). The landlord shall provide a receipt for any security deposit paid, shall hold the deposit or prepaid rent for the tenant, and the tenant's claim is prior to the claim of a creditor of the landlord, including a trustee in bankruptcy; the holder of the landlord's interest at termination is responsible for it. A written rental agreement must list a security deposit paid or required.
• No new or increased deposit in the first year (subsection (5)). A landlord may not change the rental agreement to require a new or increased deposit during the first year after the tenancy has begun, except an additional deposit tied to an agreed modification (for example, permitting a pet) that relates to the modification; the bar does not prevent collecting a deposit the initial agreement provided for but that remained unpaid at the start. After the first year, the tenant must be allowed at least three months to pay a new or increased deposit. No pet deposit may be charged for a service or companion animal a tenant with a disability requires as a reasonable accommodation (subsection (4)), and no deposit or prepaid rent may be forfeited for failure to maintain a month-to-month tenancy for a minimum number of months (subsection (8)).
• The closed claim list (subsections (6), (7)). The landlord may claim only the amount reasonably necessary to remedy the tenant's defaults under the rental agreement, including unpaid rent, and to repair tenant-caused damage, not including ordinary wear and tear. The landlord need not actually make the repair to claim its cost; labor, including the landlord's own, must be at a reasonable hourly rate. Loss of use during timely, necessary tenant-responsibility cleaning or repairs is included (subsection (7)(c)(B)). Carpet cleaning beyond a common vacuum is claimable only if all three subsection (7)(c)(A) conditions hold: machine cleaning designed for carpets; the carpet was cleaned or replaced after the previous tenancy or most recent significant use and before this tenant took possession; and the written agreement allows the deduction regardless of whether the tenant cleans the carpet before delivering possession.
• Last month's rent and prepaid rent (subsections (9) to (11)). A last month's rent deposit must be applied to the last month's rent when either party gives a chapter termination notice (other than an ORS 90.394 notice), when the parties agree to terminate, or when a term tenancy ends under its agreement; any unapplied portion is accounted for and refunded like a deposit, and the deposit does not limit the rent charged unless a written agreement says otherwise. At termination the landlord must also account for and refund the unused balance of prepaid rent, claiming from it only the amount reasonably necessary to pay the tenant's unpaid rent — prepaid rent is not a second damage pool.
• The accounting, the return, and the remedy (subsections (12) to (18)). To claim any part, the landlord shall, within 31 days after the tenancy terminates and the tenant delivers possession, give a written accounting stating specifically the basis or bases of the claim, with separate accountings for deposits and prepaid rent; and shall return the unclaimed portion not later than 31 days after the same two events, by personal delivery or first class mail, or email if ORS 90.155(1)(d) allows. If the landlord fails to comply with subsection (13) or in bad faith fails to return amounts due, the tenant may recover the money due in an amount equal to twice the amount withheld without a subsection (12) accounting, or withheld in bad faith (subsection (16)); subsection (18) preserves other damages under the chapter, and a deposit in the landlord's possession is not garnishable property under ORS 18.618. The documented, timely accounting is the landlord's defense — build it with a signed move-in and move-out condition record and photographs.

How much can an Oregon landlord charge for applicant screening? (ORS 90.295, 90.297, 90.303, 90.304)

• Screening charges (ORS 90.295). A charge may cover only the costs of obtaining information about an applicant, may not exceed the landlord's average actual cost or the customary screening-company charge for comparable screening, and only one charge per applicant in any 60-day period may be required, regardless of how many units the applicant applies to. Before accepting payment the landlord must have adopted written screening or admission criteria and given written notice of the charge, the criteria, the process, dispute and appeal rights, nondiscrimination policies (including source of income), the rent and deposits required, insurance requirements, and refund rights; no charge may be taken when the landlord knows or should know no unit is or will reasonably soon be available, absent the applicant's written agreement otherwise. The charge must be refunded within 30 days if the unit is filled before screening or no screening occurs before a written withdrawal; noncompliance, or failure to refund in the no-screening case, lets the applicant recover twice the charge plus $250.
• Deposits to secure execution (ORS 90.297). No other applicant deposit or fee, however designated, is permitted. A deposit to secure execution of a rental agreement may be charged only after approval and before the agreement is entered into, after a written statement of the rent, fees, deposits, terms, and refund conditions. If no agreement results from the landlord's failure or the applicant's rejection based on uninhabitability under ORS 90.320(1), the deposit must be returned within five business days.
• Evaluation limits and denial reasons (ORS 90.303, 90.304). A landlord may not consider a possession action dismissed or ending in a general judgment for the applicant, a general judgment entered five or more years before the application, COVID-era claims (arising on or after April 1, 2020 and before March 1, 2022), arrests outside the section's conviction/pending-charge categories for presently-illegal conduct, medical marijuana status, or unpaid COVID-era rent; may not inquire about immigration or citizenship status or reject for lack of a Social Security number or proof of lawful presence where the applicant provides identification under ORS 90.306. A denial after applying screening criteria requires a written statement of one or more reasons within 14 days.

How much can an Oregon landlord raise the rent, and how much notice is required? (ORS 90.323 and 90.324)

Oregon was the first state with statewide rent stabilization. ORS 90.323 governs the timing and notice of increases; ORS 90.324 supplies the annual formula and the publication duty.

• No increase in the first year (ORS 90.323(2)(a)). During any tenancy other than week-to-week, the landlord may not increase the rent during the first year after the tenancy begins.
• One increase per 12 months, 90 days' notice (ORS 90.323(2)(b), (c)). After the first year, an increase requires written notice at least 90 days prior to the effective date and may occur no more than once in any 12-month period. A week-to-week tenancy takes written notice at least seven days prior to the effective date (ORS 90.323(1)).
• The formula and the 2026 figure (ORS 90.324(1)(b), (4)). The maximum is the lesser of ten percent, or seven percent plus CPI — "CPI" being the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the U.S. Bureau of Labor Statistics. The Department of Administrative Services must calculate and publish the figure in a press release no later than September 30 each year, and the published maximum for calendar 2026 is 9.5%. The 2025 figure was 10.0%. The separate 6% figure in ORS 90.324(1)(a) (2025's House Bill 3054) applies only to tenancies under ORS 90.600(1) in manufactured-dwelling and marina facilities with more than 30 spaces; facilities with 30 or fewer spaces use the same 9.5% figure as other tenancies.
• What the notice must say (ORS 90.323(3)). The notice must specify the amount of the increase, the amount of the new rent, facts supporting an exemption if the increase exceeds the ORS 90.324 maximum, and the effective date.
• The exemptions (ORS 90.323(5)). The cap and the anti-replacement rule below do not apply if the first certificate of occupancy for the dwelling unit was issued less than 15 years before the date of the increase notice, or if the unit is regulated or certified as affordable housing by a federal, state, or local government and the change either does not increase the tenant's portion of the rent or is required by program eligibility or a change in the tenant's income.
• The anti-replacement rule (ORS 90.323(4)). A landlord terminating a tenancy on a first-year 30-day no-cause notice under ORS 90.427(3) or (4) may not charge the next tenant more than the maximum the landlord could have charged the terminated tenancy — the cap cannot be reset by churning the tenant.
• The violation price (ORS 90.323(6)). A landlord who raises rent above the ORS 90.324 maximum without an exemption is liable to the tenant for three months' rent plus actual damages.
• Note what is not capped. Oregon has no rent control on first-year rents or on the initial rent of a new tenancy in the state statute, and no deposit cap, as above; and this section does not apply to tenancies governed by ORS 90.505 to 90.850 (ORS 90.323(7)). See how to raise rent legally.

When can an Oregon landlord charge a late fee, and how much? (ORS 90.260 and 90.302)

• Late charges (ORS 90.260). Imposable only if rent is not received by the fourth day of the rental period and a written rental agreement specifies the obligation, the type and amount, and the due dates. The amount may not exceed: (a) a reasonable flat amount once per rental period ("reasonable" meaning customary for that rental market); (b) a reasonable per-day amount beginning on the fifth day, accruing until the rent (not counting the charge) is paid in full through that rental period, at no more than six percent of the flat amount per day; or (c) five percent of the periodic rent once for each succeeding five-day period or portion, beginning on the fifth day. In a periodic tenancy the type or amount may be changed on 30 days' written notice. A late charge may not be deducted from a later rent payment to manufacture a new delinquency, and nonpayment of a late charge alone is not grounds for a nonpayment termination under ORS 90.394 (it is grounds for cause under ORS 90.392).
• Fees generally (ORS 90.302). No fee at the beginning of the tenancy for an anticipated expense, and no fee except as this section provides; every fee must be described in a written rental agreement. Permitted occurrence fees: a late payment under ORS 90.260; a dishonored check under ORS 30.701(5), capped at the statutory amount plus the bank's processing charge; smoke or carbon monoxide alarm tampering up to $250 (unless the State Fire Marshal assesses a civil penalty); pet violations under ORS 90.530; and fixed-term abandonment or relinquishment without cause, capped at one and one-half times the monthly rent, with a landlord who takes it barred from post-abandonment rent and re-renting damages.
• Noncompliance fees (ORS 90.302(3)). After a written warning notice describing the conduct and the fee, a second noncompliance with written rules within one year may be charged no more than $50; a third or subsequent noncompliance within one year, no more than $50 plus five percent of the current rent payment. Smoking in a clearly designated nonsmoking unit or area and keeping an unauthorized pet capable of causing damage (ORS 90.405) may each carry up to $250, assessable no sooner than 24 hours (smoking) or 48 hours (pet) after the warning. Warning or assessment must come within 30 days of the act; the landlord may not both assess a fee and terminate for the same noncompliance, nor deduct the fee from rent. An unlawful fee costs twice the tenant's actual damages or $300, whichever is greater (ORS 90.302(8)); no other form of liquidated damages may be charged except the abandonment fee above.

What must an Oregon landlord repair to keep a unit habitable? (ORS 90.320, 90.360, 90.365, 90.368)

• The habitability list (ORS 90.320(1)). The landlord shall at all times during the tenancy maintain the unit in habitable condition; a unit substantially lacking any listed item is considered unhabitable: effective waterproofing and weather protection (roof, exterior walls, windows, doors); plumbing conforming to applicable law and in good working order; an approved water supply producing hot and cold running water at appropriate fixtures, connected to approved sewage disposal and providing safe drinking water; adequate heating in good working order; electrical systems in good working order; buildings, grounds, and appurtenances safe, clean, sanitary, and free of debris, filth, rubbish, garbage, rodents, and vermin; adequate garbage receptacles; floors, walls, ceilings, stairways, and railings in good repair; supplied ventilation, air conditioning, and other facilities and appliances in good repair; fire safety including a working smoke alarm or detector at the start of a new tenancy (ORS 479.270); a carbon monoxide alarm where a CO source is present as described; working locks on entrance doors and window latches; a non-phone means of unlocking app-based access systems; and, for units whose building permits issued on or after April 1, 2024, adequate cooling in at least one non-bathroom room. A written agreement may assign the tenant specified repairs or maintenance only in good faith, not to evade the landlord's obligations, and for adequate stated consideration (subsection (2)); rent may never be accepted free of the ORS 90.320(1) duty (ORS 90.250).
• The tenant's breach notice (ORS 90.360(1)). For material noncompliance with the agreement or ORS 90.320, the tenant may deliver written notice specifying the acts and omissions, stating the agreement will terminate on a date not less than 30 days after delivery if the breach is not remedied in seven days for an essential service or 30 days otherwise (week-to-week: termination not less than seven days after delivery). A recurrence of substantially the same act or omission within six months supports termination on at least 14 days' written notice (seven for week-to-week). Damages and injunctive relief are also available (subsection (2)), but not for a condition the tenant or their guest caused (subsection (4)).
• Essential services (ORS 90.365). If the landlord intentionally or negligently fails to supply an essential service contrary to the agreement or ORS 90.320, the tenant gives written notice and, after a reasonable time and reasonable access, may: procure the service and deduct its actual and reasonable cost; recover diminution-in-fair-rental-value damages; or, if the failure makes the unit unsafe or unfit, procure comparable substitute housing with rent excused for the noncompliance period plus the excess cost of the substitute housing. Where the failure poses an imminent and serious threat to health, safety, or property, the tenant may give written notice of termination in not less than 48 hours unless remedied — a phrase expressly excluding radon, asbestos, lead-based paint, and future flood or seismic risk. A tenant proceeding under ORS 90.365 may not also proceed under ORS 90.360(1) for the same breach.
• Repair and deduct — the $300 statute (ORS 90.368). A minor habitability defect is one repairable for not more than $300 (leaky plumbing, a stopped-up toilet, a faulty light switch) and expressly not mold, radon, asbestos, or lead-based paint. After written notice describing the defect, stating the intent to repair and deduct, and specifying a repair date at least seven days after the notice is given, the tenant may cause the repair and deduct the actual and reasonable cost, not to exceed $300, from a subsequent rent obligation, on the repairer's written cost statement. The work must be workmanlike and code-compliant, and the tenant may not perform it. The remedy is lost if the landlord substantially repairs in time, the tenant prevented the repair or caused the defect, the tenant knew of the defect for more than six months before notice, or the tenant already used the section for the same occurrence; using it bars ORS 90.360(1) for the same breach.
• Portable cooling and tenant duties (ORS 90.355, 90.325). A landlord may not prohibit a tenant's portable cooling device except on the grounds ORS 90.355 lists, and restrictions must be in writing and delivered; the landlord is immune from liability for a tenant-installed device. The tenant, in turn, shall use the premises reasonably, keep their areas clean and sanitary, dispose of waste lawfully, test smoke and carbon monoxide alarms at least once every six months and replace batteries as needed, and not disturb neighbors (ORS 90.325); a tenant is not responsible for damage from acts of God or caused by a perpetrator of domestic violence, sexual assault, bias crime, or stalking — a rule that matters again at deposit accounting. (ORS 90.740 states the parallel duties for facility tenancies under ORS 90.505 to 90.850; ORS 90.401(2) treats both lists as sources of landlord remedies.)

How much notice must an Oregon landlord give before entering? (ORS 90.322)

• The general rule (subsection (1)(f)). Outside the exceptions below, the landlord shall give the tenant at least 24 hours' actual notice of the intent to enter and may enter only at reasonable times — and the tenant may deny consent, asserted by actual notice to the landlord or agent, or by a written denial attached in a secure manner to the main entrance, before or at the attempted entry. Notice plus a right to say no is more protective than a flat 24-hour rule.
• The exceptions. Emergency entry needs no consent or notice (subsection (1)(b)); after an emergency entry in the tenant's absence the landlord shall give actual notice within 24 hours — the fact, date, time, and nature of the emergency and the names of those who entered. A tenant's written request for repairs authorizes entry on demand for those repairs for seven days unless repairs are in progress with reasonable effort, at a reasonable time unless the request specifies otherwise (subsection (1)(c)). Entry outside the dwelling unit to serve notices needs no notice or consent (subsection (1)(a)). Written yard-maintenance and sale-showing agreements can carry no-notice entry rights on the conditions in subsections (1)(d) and (1)(e).
• The limits. The landlord may not abuse the right of access or use it to harass; the tenant may not unreasonably withhold consent (subsection (2)). An unlawful entry, a lawful entry in an unreasonable manner, or harassing repeated demands expose the landlord to injunctive relief, termination under ORS 90.360(1), and actual damages of not less than one week's rent (week-to-week) or one month's rent (other tenancies) (subsection (8)); a tenant who refuses lawful access faces injunctive relief, termination under ORS 90.392, and actual damages (subsection (7)). The old page's "notice can be verbal" is consistent with the actual-notice standard — but give it in writing anyway, and do not enter over an asserted denial without counsel.

Termination by the landlord (ORS 90.392, 90.394, 90.396, 90.398, 90.405, 90.427)

• For cause (ORS 90.392). Causes: a material violation of the rental agreement (expressly including nonpayment of a late charge or a utility or service charge); a material violation of ORS 90.325; or failure to pay rent (the ORS 90.394 route below is the working nonpayment route). The notice must specify the acts and omissions, set a termination date not less than 30 days after delivery, and for a curable violation describe a possible remedy and designate a cure date at least 14 days after delivery (week-to-week: 30 days becomes seven, 14 days becomes four). A recurrence of substantially the same violation within six months of a prior notice takes not less than 10 days with no right to cure — but not if the only violation is failure to pay the current month's rent. Possession is taken as provided in ORS 105.100 to 105.168. The full process: how to evict a tenant.
• Nonpayment (ORS 90.394). For a week-to-week tenancy: at least 72 hours' written notice, no sooner than the fifth day of the rental period including the first day rent is due. For all other tenancies: either at least 10 days' written notice, no sooner than the eighth day, or at least 13 days' written notice, no sooner than the fifth day, in both cases including the first day rent is due. The notice must specify the amount of rent that must be paid and the date and time by which the tenant must pay to cure (subsection (3)); payment mailed within the period is timely unless the lease and notice require payment at a specified on-premises or prior-payment location available throughout (subsection (4)). Separately, the landlord must deliver the rental-assistance-and-support-services notice posted by the Oregon Judicial Department under ORS 105.136 with every nonpayment termination notice and every possession summons based on nonpayment; a court dismisses the complaint where the landlord failed to deliver it, failed to reasonably participate in rental assistance, or where the tenant tendered the amount owed (ORS 90.395). A fast notice that skips the assistance notice fails in court — the practical reason the old page's bare "72 hours" was dangerous.
• 24-hour terminations (ORS 90.396). After at least 24 hours' written notice specifying the acts and omissions and the termination date and time: serious threat or infliction of substantial personal injury; reckless endangerment; intentional substantial damage to the premises (or substantial pet damage on more than one occasion); intentional substantial false application information within the past year about a criminal conviction material to acceptance, acted on within 30 days of discovery; or acts outrageous in the extreme — similar in degree to the listed acts, with prostitution-related offenses, unlawful controlled-substance manufacture, delivery, or possession, unlicensed cannabinoid extract manufacture, bias crimes, and burglary listed as included examples, provable by a preponderance of the evidence whether or not a criminal statute was violated. Only pet-based causes are curable, by removing the pet.
• Recovery housing and pets (ORS 90.398, 90.405). In drug and alcohol free housing, a tenant of less than two years may be terminated on not less than 48 hours' written notice with a 24-hour cure right; a recurrence within six months takes 24 hours with no cure. An unpermitted pet capable of causing damage draws a notice with a termination date not less than 10 days after delivery unless the pet is removed; a recurrence within six months takes at least 10 days' written notice.
• Without tenant cause (ORS 90.427). Week-to-week: either party on at least 10 days' written notice. Month-to-month: the tenant may terminate at any time on not less than 30 days' notice; the landlord may terminate during the first year of occupancy on not less than 30 days' notice, and after the first year only for a tenant cause (ORS 86.782(6)(c), 90.380(5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440, or 90.445) or for a qualifying landlord reason. Fixed term: during the term, only for cause; if the ending date falls within the first year, the landlord may terminate without cause on not less than 30 days' notice before the ending date or the designated date, whichever is later; if it falls after the first year, the tenancy becomes month-to-month on expiration unless the parties agree to a new fixed term, the tenant gives 30 days' notice, or the landlord gives a qualifying-reason notice. The four qualifying reasons (subsection (5)): demolition or conversion to nonresidential use within a reasonable time; repairs or renovations rendering or to render the unit unsafe or unfit within a reasonable time; landlord or immediate-family occupancy as a primary residence with no comparable unit in the same building available at the same time; or an accepted offer to purchase from a good-faith intended occupant, evidenced in writing with the notice. The notice must be not less than 90 days before the termination date, specify the reason and supporting facts, and the landlord must pay one month's periodic rent when the notice is delivered — except that a landlord with an ownership interest in four or fewer residential dwelling units subject to Chapter 90 is exempt from the payment only (subsection (6)(b)). The sale reason has a 60-day variant where the landlord also pays an extra month's rent at notice. A fixed term also does not roll over where the landlord uses the three-violations route: three or more agreement violations within the preceding 12 months, each with a conforming written warning, followed by a 90-day notice with reason and facts delivered concurrent with or after the third warning (subsection (7)). Violating subsections (5) to (7) costs three months' rent plus actual damages and gives the tenant a defense to possession (subsection (9)). Owner-resident exception (subsection (8)): where the landlord's primary residence is in the same building or on the same property and the building or property has not more than two units, the landlord may terminate after the first year without cause on not less than 60 days' notice (month-to-month) or at the fixed term's end on not less than 30 days' notice.

The eviction action, damages, and prohibited conduct (ORS 105.100 to 105.168, 90.360, 90.401, 90.375, 90.245)

• Possession only through the court action. Every Chapter 90 termination route ends the same way: the landlord takes possession as provided in ORS 105.100 to 105.168, Oregon's forcible entry and detainer statutes (see ORS 90.392(1), 90.394, 90.396(1), 90.405(1)). There is no self-help step in Chapter 90: the termination notice ends the rental agreement, and the FED action recovers the unit. Detailed FED filing, service, first-appearance, and trial timelines are a matter of the ORS 105 text and local court rules; this guide does not state them because the ORS 105 text was not read for this verification, and a landlord filing on a summary timeline rather than the statute invites dismissal.
• Landlord damages (ORS 90.401). A landlord may pursue the remedies in ORS 90.392, 90.394, 90.396, 90.398, 90.403, and 90.405 simultaneously or sequentially, and additionally recover damages and obtain injunctive relief for noncompliance with the agreement or ORS 90.325 (or ORS 90.740 in facility tenancies). A holdover tenant is liable for actual damages including the rent value accruing until the landlord knows or should know possession was relinquished (ORS 90.427(11)).
• Unlawful ouster (ORS 90.375). If a landlord unlawfully removes or excludes the tenant, seriously attempts or seriously threatens to do so, or willfully diminishes or threatens to diminish services by interrupting heat, running water, hot water, electric, or another essential service, the tenant may obtain injunctive relief to recover possession or terminate the agreement, and recover up to two months' periodic rent or twice the actual damages, whichever is greater — without having to terminate or sue for possession to recover damages. Lockouts and shutoffs are not pressure tactics; they are a priced claim.
• Prohibited lease provisions (ORS 90.245). A rental agreement may not provide for any party to waive or forgo any right or remedy under Chapter 90, agree to pay the other party's attorney fees (the statute awards the prevailing party reasonable fees at trial and on appeal under ORS 90.255 notwithstanding any agreement to the contrary), agree to exculpation or limitation of liability for willful misconduct or negligence, or agree to pay liquidated damages except as allowed under ORS 90.302(2)(e). A prohibited provision is unenforceable, and a landlord who deliberately uses an agreement containing known-prohibited provisions and attempts to enforce them exposes themselves to the tenant's actual damages plus up to three months' periodic rent.
• Abandoned property and mitigation. Abandonment has its own statutory procedure in ORS 90.425 — a separate notice, storage, and sale regime not summarized here — and a landlord whose tenant abandons must make reasonable efforts to re-rent for a fair rental (ORS 90.410(3)); do not treat an apparently empty unit as a windfall to re-let and double-count.

Retaliation (ORS 90.385)

• The bar (subsection (1)). A landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy, or by bringing or threatening to bring an action for possession after the tenant: complained, or expressed in writing an intention to complain, to a government agency about a building, health, or housing code violation materially affecting health or safety, mail-delivery laws, or discrimination laws; made any good-faith complaint to the landlord related to the tenancy; organized or joined a tenants' union; testified against the landlord in any judicial, administrative, or legislative proceeding; successfully defended a possession action within the previous six months (except where success rested only on defective service under ORS 90.155 or on a period shorter than the statute required); uses, intends, or attempts to use the unit as a family child care home in compliance with ORS 90.358; or performed or expressed an intent to perform any other act asserting, protecting, or invoking any tenant right under federal, state, or local law. "Decreasing services" expressly includes unreasonably restricting tenant associations' use of common areas and intentionally and unreasonably interfering with the tenant's enjoyment or use of the premises.
• No codified presumption window — a correction to common summaries. Subsection (1) states no look-back or presumption period: the text read for this verification contains no rule that an act within one year (or any other period) of a protected act is presumed retaliatory. The six-month figure the section does contain is a definition of one protected act (the successful defense), not a general window. The landlord's defense is therefore factual — an independent, documented ground — not calendrical.
• The tenant's remedies (subsection (3)). A tenant against whom the landlord retaliates is entitled to the remedies in ORS 90.375 — injunctive relief, termination, and up to two months' rent or twice actual damages — and has a defense in any retaliatory action for possession.
• When possession is still available (subsection (4)). The landlord may still bring a possession action if the tenant's complaint was made in an unreasonable manner or at an unreasonable time or repeated so as to unreasonably harass; if the code violation was primarily caused by lack of reasonable care by the tenant, a household member, or a guest; if the tenant was in default in rent when the notice was served (a tenant who paid rent into court under ORS 90.370 is not in default); or if code compliance requires alteration, remodeling, or demolition that would effectively deprive the tenant of use. Maintaining that action does not release the landlord from ORS 90.360(2) damages liability (subsection (7)). The practical discipline mirrors Ohio's: document a legitimate, independent ground before acting close in time to a protected complaint.

Discrimination (ORS 659A.421, 659A.145, and ORS 90.390)

• The state real-property rule (ORS 659A.421(2)). A person may not, because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, or source of income of any person: refuse to sell, lease, or rent real property; expel a purchaser; discriminate in price, terms, conditions, privileges, facilities, or services; discourage a transaction; publish a discriminatory communication or advertisement; coerce or interfere with the exercise of rights under the section; misrepresent availability; or otherwise make a dwelling unavailable. "Source of income" includes federal rent subsidy payments under Section 8 (42 U.S.C. 1437f) and any other local, state, or federal housing assistance, and does not include income from a specific occupation or income derived illegally (ORS 659A.421(1)(d)). The section preserves refusal based on past conduct or on inability to pay rent, taking the value of housing assistance into account, where consistent with fair housing law.
• Disability sits in the companion section (ORS 659A.145). Discrimination against an individual with a disability in real property transactions is prohibited by ORS 659A.145 (referenced in ORS 90.390(3) alongside ORS 659A.421), with reasonable-modification allowances; assistance animals are an accommodation question, and ORS 90.300(4) separately bars a pet deposit for an accommodation animal. The federal Fair Housing Act covers race, color, religion, sex, disability, familial status, and national origin — Oregon adds sexual orientation, gender identity, marital status, and source of income to that federal list for real property.
• The tenant-side enforcement hooks (ORS 90.390, 659A.425). A landlord may not discriminate against a tenant in violation of local, state, or federal law, including ORS 659A.145 and 659A.421 (ORS 90.390(1)); a tenant who proves a violation has a defense in any discriminatory possession action by the landlord, unless the tenant is in default in rent; and discrimination under those sections may be proved by showing that a facially neutral housing policy has a disparate adverse impact on a protected class, as described in ORS 659A.425. Use identical written screening criteria for every applicant, document every decision, and remember that ORS 90.295(3) makes your nondiscrimination policy one of the documents the applicant must see before you take a screening charge.

What the Legislature has — and has not — done

• The rent-stabilization structure is layered, and the layers are dated. The core (no first-year increase, 90-day notice, the 7% + CPI formula) dates from SB 608 (2019); SB 611 (2023) added the hard ceiling that ORS 90.324 now states as the lesser of ten percent or seven percent plus CPI (ORS 90.324's history line runs 2019 c.1; 2023 c.226; 2025 c.387); HB 3054 (2025) split the facilities figure — 6% for facilities with more than 30 spaces, the ordinary formula for 30 or fewer. The 2026 published maximum of 9.5% is the formula applied to a 2.5-point CPI component, not a new policy choice.
• The nonpayment section was rewritten in the pandemic era and kept its new shape. ORS 90.394's history line (most recently 2023 c.296) reflects the replacement of the old 72-hour/144-hour pair with the 10-day and 13-day notices now in the text; the 72-hour remnant survives only for week-to-week tenancies. ORS 90.395 (2023 c.13) added the rental-assistance notice that must ride along with every nonpayment notice and summons.
• Not law, however often repeated: there is no statewide security deposit cap in ORS 90.300 — including no one-month, one-and-a-half-month, or furnished-premises figure; no 72-hour nonpayment notice for a monthly tenancy; no 60-day no-cause notice after the first year in ORS 90.427; no half-month component in the ORS 90.368 repair-and-deduct cap (it is $300); no one-year retaliation presumption in ORS 90.385; and no general 14-day cure notice standing alone for lease violations — 14 days is the cure deadline inside ORS 90.392's 30-day notice. Several of those statements were on this page, in some form, before this verification, and they are removed or corrected above. This guide also makes no claim about Portland's deposit or relocation figures: Portland City Code 30.01.085 and 30.01.087 exist, but no Portland amount was verified from the city's code text for this run, so none is stated here — check portland.gov before relying on statewide figures alone in Portland.

The Oregon compliance checklist

1. Receipt and list every deposit. Give the tenant a receipt for any security deposit paid and list the deposit in the written agreement (ORS 90.300(2)(a), (3)); never take a pet deposit for an accommodation animal (subsection (4)).

2. Never re-price the deposit in year one. No new or increased deposit during the first year except a modification-related additional deposit the parties agree to; after year one, give at least three months to pay (ORS 90.300(5)).

3. Run the deposit close-out on the 31-day clock — twice. The specific written accounting (separate for deposits and prepaid rent) and the return of the unclaimed balance are both due within 31 days after termination and delivery of possession (ORS 90.300(12), (13)); claims are limited to defaults and tenant-caused damage beyond ordinary wear and tear, labor at a reasonable hourly rate (subsection (7)).

4. Before you take a screening dollar, paper the screening file. Written criteria adopted, the ORS 90.295(3) disclosures given, one charge per applicant per 60 days at no more than average actual or customary cost, and the 30-day refund diarised.

5. Price the late charge inside ORS 90.260. Written agreement terms, nothing before the fifth day, and one of the three capped forms — reasonable flat, per-day at no more than six percent of the flat amount, or five percent per five-day period.

6. Calendar rent increases a year ahead. No increase in the first year, one per 12 months, 90 days' written notice with the ORS 90.323(3) contents, checked against the DAS-published maximum for the effective year (9.5% for 2026) and the 15-year and affordable-housing exemptions.

7. Log every written repair notice the day it arrives. It starts the ORS 90.360 cure periods (seven days for an essential service), the ORS 90.365 reasonable-time clock, and the ORS 90.368 seven-day specified-date window; diary all three.

8. Enter on notice, and honor a denial. At least 24 hours' actual notice at a reasonable time in the ordinary case (ORS 90.322(1)(f)); paper any emergency entry with the 24-hour after-notice the section requires.

9. Pick the right termination instrument the first time. Nonpayment: the 10-day or 13-day ORS 90.394 notice with the amount and cure date/time, plus the ORS 90.395 rental-assistance notice attached. Other cause: ORS 90.392's 30-day notice with a 14-day cure date. Emergencies on the ORS 90.396 list only: 24 hours.

10. After year one, plan the exit a quarter ahead. A qualifying-reason termination under ORS 90.427(5) needs 90 days, the reason and supporting facts in the notice, and one month's rent in the tenant's hands when the notice is delivered — unless you hold an interest in four or fewer units, which exempts the payment only.

The bottom line

Oregon is high-structure, but the structure is readable. There is no deposit cap — the deposit rules that bite are the first-year freeze on new or increased deposits, the closed claim list in ORS 90.300(7), and the twin 31-day accounting-and-return duties backed by a twice-the-amount remedy keyed to a missing accounting or bad faith. Rent is capped by a published annual figure — 9.5% for 2026, the lesser of 10% or 7% plus CPI — with no increase in the first year, one increase per 12 months, 90 days' notice, and a three-months'-rent price for exceeding the cap outside the 15-year new-building and affordable-housing exemptions. Eviction is where the old summaries do the most damage: nonpayment takes a 10-day or 13-day notice (72 hours is week-to-week only) with the rental-assistance notice attached, other cause takes a 30-day notice with a 14-day cure date, and after the first year of occupancy there is no no-cause exit at all except the four qualifying landlord reasons in ORS 90.427(5), on 90 days' notice with one month's rent paid at delivery. Habitability is a fourteen-item statutory list, repair-and-deduct is a tightly procedural $300 remedy the tenant may not perform themselves, entry requires 24 hours' actual notice and survives only if the tenant does not deny consent, and retaliation is a causation test with statutory exceptions rather than a calendar window. Owners who run Chapter 90 as written will find Oregon predictable; owners working from generic summaries will find ORS 90.394, 90.427, and 90.300(12) waiting in the notice and accounting sections.

Landlord in Oregon — or comparing markets? Statewide rent caps, just-cause eviction after year one, and 31-day deposit returns are Oregon's structure; every other state has its own. The 50-State Landlord Law Dataset (CSV + JSON) puts all 50 states' deposit caps, return deadlines, and notice periods in one spreadsheet-ready dataset ($29, one-time purchase).

Frequently asked questions

Is there a cap on security deposits in Oregon?

No statewide cap. ORS 90.300 states no maximum amount in any subsection — the section regulates the receipt, the listing in the written agreement, a bar on new or increased deposits during the first year of the tenancy, the permitted claims, and the 31-day accounting and return. Figures such as one month's rent or two months for a furnished unit appear in other states' statutes and in secondary summaries of Oregon law, but not in ORS 90.300 as published by the Oregon Legislative Counsel. City ordinances are a separate layer; check your city's code. Check a planned deposit against Oregon's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

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

Within 31 days after the tenancy terminates and the tenant delivers possession, the landlord must both give a written accounting stating specifically the basis or bases of any claim — with separate accountings for security deposits and prepaid rent — and return the deposit or prepaid rent or the unclaimed portion (ORS 90.300(12), (13)). Delivery is by personal delivery or first class mail, or email where ORS 90.155(1)(d) allows.

What happens if an Oregon landlord misses the deposit deadline or withholds in bad faith?

Under ORS 90.300(16), a landlord who fails to comply with the return duty in subsection (13), or who in bad faith fails to return amounts due, exposes themselves to the tenant recovering the money due in an amount equal to twice the amount withheld without the subsection (12) written accounting, or withheld in bad faith. Subsection (18) preserves the tenant's other damages under the chapter. A timely, specific, documented accounting is the landlord's defense: the penalty measures the amount withheld without one, or in bad faith.

What is the maximum rent increase in Oregon for 2026?

9.5% for tenancies subject to ORS 90.323, as published by the Oregon Department of Administrative Services under ORS 90.324: the lesser of ten percent or seven percent plus CPI (the September annual 12-month average change in CPI-U, West Region, All Items). The separate 6% figure applies only to ORS 90.600(1) tenancies in manufactured-dwelling and marina facilities with more than 30 spaces. Even within the cap, an increase is barred during the first year of the tenancy, allowed only once in any 12-month period, and requires 90 days' written notice specifying the increase amount, the new rent, and the effective date (ORS 90.323(2), (3)). Units with a first certificate of occupancy issued less than 15 years before the notice, and qualifying regulated affordable housing, are exempt from the cap (ORS 90.323(5)).

How much notice must an Oregon landlord give for nonpayment of rent?

For a tenancy other than week-to-week, at least 10 days' written notice given no sooner than the eighth day of the rental period, or at least 13 days' written notice given no sooner than the fifth day, counting the first day rent is due (ORS 90.394(2)). The notice must state the amount of rent owed and the date and time by which the tenant must pay to cure. The often-quoted 72 hours applies only to week-to-week tenancies (ORS 90.394(1)). The landlord must also deliver the ORS 90.395 rental-assistance notice with the termination notice; a possession complaint can be dismissed if it was not delivered. To map the full clock from that 10-day or 13-day notice under ORS 90.394(2) through the forcible entry and detainer action in ORS 105.100 to 105.168 that recovers possession, use the Eviction Timeline Calculator.

Can an Oregon landlord end a month-to-month tenancy without cause after the first year?

Generally no. After the first year of occupancy, ORS 90.427(3)(c) limits the landlord to termination for a tenant cause or for a qualifying landlord reason — demolition or conversion, renovations rendering the unit unsafe or unfit, landlord or immediate-family occupancy as a primary residence, or an accepted purchase offer from a good-faith intended occupant. A qualifying-reason termination requires written notice not less than 90 days before the termination date, stating the reason and supporting facts, and payment of one month's periodic rent when the notice is delivered — the payment duty does not apply to a landlord with an ownership interest in four or fewer residential dwelling units subject to Chapter 90 (ORS 90.427(5), (6)). During the first year, the landlord may terminate a month-to-month tenancy without cause on not less than 30 days' notice (ORS 90.427(3)(b)).

How much notice is required for other lease violations in Oregon?

Under ORS 90.392, the notice must specify the acts and omissions, set a termination date not less than 30 days after delivery, and, for a curable violation, give a cure date at least 14 days after delivery. If substantially the same violation recurs within six months after a prior notice, the landlord may terminate on not less than 10 days' notice with no right to cure — except that the repeat route cannot be used where the only violation is failure to pay the current month's rent. A narrow set of dangerous or outrageous acts in ORS 90.396 (substantial personal injury, reckless endangerment, intentional substantial damage, acts outrageous in the extreme) supports termination on 24 hours' written notice.

How much notice must an Oregon landlord give before entering?

In the ordinary case, at least 24 hours' actual notice, with entry only at reasonable times — and the tenant may deny consent, asserted by actual notice to the landlord or by a written denial attached to the main entrance before or at the attempted entry (ORS 90.322(1)(f)). Emergency entry needs no notice, but an emergency entry made in the tenant's absence must be followed by actual notice within 24 hours stating the fact, date, time, nature of the emergency, and who entered. A tenant's written repair request authorizes entry for those repairs for seven days. Abusive or harassing entry exposes the landlord to injunctive relief, termination, and damages of not less than one month's rent (ORS 90.322(8)).

Can an Oregon tenant repair and deduct?

Yes, within a narrow statute. Under ORS 90.368, a minor habitability defect is one that may reasonably be repaired for not more than $300 — and expressly excludes mold, radon, asbestos, and lead-based paint. After written notice describing the defect and stating the intent to repair and deduct, with a specified repair date at least seven days after the notice is given, the tenant may cause the repair and deduct the actual and reasonable cost, not to exceed $300, from a subsequent rent obligation, on the repairer's written cost statement. The tenant may not do the repair work themselves, and the remedy is lost if the landlord substantially repairs in time, the tenant caused the defect, or the tenant knew of the defect for more than six months before giving notice.

How are late fees capped in Oregon?

A late charge requires that rent was not received by the fourth day of the rental period and that a written agreement specifies the obligation, type, and amount (ORS 90.260(1)). The charge may not exceed one of three forms: a reasonable flat amount once per period (reasonable meaning customary for that rental market); a reasonable per-day amount beginning on the fifth day, not exceeding six percent of the flat amount per day; or five percent of the periodic rent once for each succeeding five-day period or portion, beginning on the fifth day (ORS 90.260(2)). Nonpayment of a late charge alone is not grounds for a nonpayment termination under ORS 90.394.

What counts as retaliation in Oregon, and is there a time window?

Under ORS 90.385(1), a landlord may not increase rent, decrease services, serve a termination notice, or bring or threaten a possession action after the tenant complained to a government agency about a code violation materially affecting health or safety (or about mail-delivery or discrimination laws), made a good-faith complaint to the landlord, joined a tenants' union, testified against the landlord, successfully defended a possession action within the previous six months (subject to the service and period exceptions), used the unit as a compliant family child care home, or asserted any other tenant right. The tenant's remedies are those in ORS 90.375 plus a defense to a retaliatory possession action. The section states no presumption window — the six-month figure defines one protected act, not a general look-back — and ORS 90.385(4) preserves possession actions for nonpayment and tenant-caused violations, among others.

What protected classes does Oregon fair housing law add?

ORS 659A.421(2) bars real-property discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, or source of income — with "source of income" expressly including Section 8 and other federal, state, and local housing assistance (ORS 659A.421(1)(d)). Disability discrimination in real property transactions is covered by ORS 659A.145. Against the federal Fair Housing Act list, Oregon adds sexual orientation, gender identity, marital status, and source of income. ORS 90.390 gives a tenant who proves discrimination a defense in a discriminatory possession action, and ORS 659A.425 allows proof by the disparate impact of a facially neutral policy.

Primary sources

All statute sources below were read for this verification in the official text published by the Oregon Legislative Counsel at oregonlegislature.gov (2025 edition), except the DAS publication, which is the Oregon Department of Administrative Services release ORS 90.324 requires.

• Chapter 90 — Residential Landlord and Tenant (Oregon Legislative Counsel, oregonlegislature.gov) — the chapter text read in full for the sections cited in this guide: ORS 90.100, 90.110, 90.113, 90.115, 90.150, 90.155, 90.160, 90.245, 90.255, 90.260, 90.295, 90.297, 90.300, 90.302, 90.303, 90.304, 90.320, 90.322, 90.323, 90.324, 90.325, 90.355, 90.360, 90.365, 90.368, 90.375, 90.385, 90.390, 90.392, 90.394, 90.395, 90.396, 90.398, 90.401, 90.405, and 90.427.
• Section 90.300 — Security deposits; prepaid rent (oregonlegislature.gov) — subsections (1) to (18) read in full: the absence of an amount cap, the receipt and listing duties, the first-year bar on new or increased deposits, the claim list, the three carpet-cleaning conditions, the 31-day accounting and return, and the subsection (16) remedy.
• Section 90.323 — Maximum rent increase; exceptions; notice (oregonlegislature.gov) — the first-year bar, the once-per-12-months and 90-day notice rules, notice contents, the 15-year and affordable-housing exemptions, and the three-months'-rent violation remedy.
• Section 90.324 — Calculation of maximum rent increase; publication (oregonlegislature.gov) — the lesser-of-ten-percent-or-seven-percent-plus-CPI formula, the September 30 publication duty, and the 6% figure for facilities with more than 30 spaces.
• Correction: 2026 Rent Stabilization Percentages (Oregon Department of Administrative Services, apps.oregon.gov) — the Department's corrected publication: 9.5% for 2026 for ORS 90.323 tenancies and for facilities with 30 or fewer spaces; 6% for facilities with more than 30 spaces; 10.0% for 2025.
• Section 90.394 — Termination of tenancy for failure to pay rent (oregonlegislature.gov) — the 10-day (no sooner than the eighth day) and 13-day (no sooner than the fifth day) notices for non-week-to-week tenancies, the 72-hour week-to-week notice, and the amount-and-cure-time notice contents.
• Section 90.427 — Termination of tenancy without tenant cause (oregonlegislature.gov) — the first-year 30-day rule, the post-first-year tenant-cause and qualifying-reason structure, the 90-day notice with reason, facts, and one month's rent, the four-or-fewer-units payment exemption, the three-violations fixed-term route, and the three-months'-rent violation remedy.
• Section 90.368 — Repair of minor habitability defect (oregonlegislature.gov) — the $300 definition and deduction cap, the seven-day specified-date notice, the bar on the tenant performing the work, and the subsection (5) exclusions.
• Section 90.385 — Retaliatory conduct by landlord (oregonlegislature.gov) — the protected-act list, the ORS 90.375 remedies and possession defense, the subsection (4) possession exceptions, and the absence of any codified presumption window.
• Chapter 659A — ORS 659A.421 and 659A.425 (Oregon Legislative Counsel, oregonlegislature.gov) — the real-property protected-class list including source of income and its Section 8 definition in ORS 659A.421, and the facially-neutral-policy disparate-impact rule in ORS 659A.425; ORS 659A.145 (disability in real property transactions) is referenced through ORS 90.390(3).

More landlord-tenant law guides

• Landlord-tenant law by state
• Ohio landlord-tenant law
• Oklahoma landlord-tenant law
• Pennsylvania landlord-tenant law
• Rhode Island landlord-tenant law

This is general information, not legal advice. Portland adds its own layer — consult an Oregon landlord-tenant attorney for specific situations.