Challenging Illegal Rental Fees in Oregon: A Renter’s Guide

If you’re renting a home or apartment in Oregon, you have important rights when it comes to what your landlord can and cannot charge you. Unfortunately, illegal fees sometimes appear on rent bills, adding unnecessary stress and expense. Understanding Oregon law empowers you to spot improper charges and take confident action to challenge them.

What Counts as an Illegal Fee on Your Rent Bill?

Oregon law clearly defines what fees a landlord can and cannot charge. According to the Oregon Residential Landlord and Tenant Act, landlords must only charge lawful, written, and reasonable fees. Common illegal fees include:

• Fees not listed in your lease agreement
• Excessive late payment fees (more than $50 or 5% of your monthly rent, whichever is greater)
• Unlawful application or screening fees
• Non-refundable deposits without clear lease terms
• "Move-in" or "move-out" fees not allowed by law
• Fees for normal wear and tear

Fees and deposits beyond legal limits or those not supported by state law are generally not enforceable.^[1]

How to Review and Dispute Illegal Fees

As a renter, regularly check your monthly rent statements for unexpected fees. If you find a questionable charge:

• Compare the fee to your signed lease agreement
• Review Oregon’s rules on allowable late fees
• Ask your landlord for clarification in writing about the charge
• Keep copies of all correspondence, bills, and receipts

If the fee is not permitted under state law or is not in your lease, you have the right to challenge it.

Challenging an Illegal Fee: Step-by-Step

Here are practical steps you can take if you believe you've been charged an illegal fee:

• Document Everything: Save all notices, statements with fees, and your rental agreement.
• Send a Written Dispute: Write your landlord (email or letter) stating that you believe the fee is illegal under Oregon law. Cite your lease and, if possible, the legislation.
• Request Removal and Refund: Ask for the charge to be removed and any money refunded if you already paid.
• Apply to the Oregon Residential and Manufactured Communities Dispute Resolution Program: If the landlord refuses to adjust or remove the fee, Oregon provides a dispute resolution program through the Oregon Housing and Community Services (OHCS).
• File a Complaint with Oregon Bureau of Labor and Industries: For fee disputes involving discrimination or retaliation, you may file a complaint with the Oregon Bureau of Labor and Industries (BOLI).

Relevant Official Forms in Oregon

• Residential and Manufactured Communities Dispute Resolution Form
  When to use: If you want to request official mediation or dispute resolution through the state program.
  Example: If your landlord refuses to refund an unlawful fee after your written dispute, you fill out this form to open a formal complaint process.
  Form link: Residential & Manufactured Dispute Resolution Complaint Form (OHCS)
• Complaint Form (BOLI)
  When to use: For alleged retaliation or discrimination related to fee disputes.
  Example: If you were charged a fee after requesting repairs, and suspect retaliation.
  Form link: File a Complaint with BOLI

Which Board or Tribunal Handles Rent Disputes?

The Oregon Residential and Manufactured Communities Dispute Resolution Program, administered by Oregon Housing and Community Services (OHCS), mediates many landlord-tenant disputes—including fee complaints. Formal legal actions may be filed in Oregon Small Claims Court if informal dispute channels fail.

What Does Oregon Law Say About Fees?

Tenant fees are regulated by the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). This legislation limits late fees, disallows non-refundable deposits unless specified, and sets rules on what landlords may charge.^[1]

Frequently Asked Questions: Illegal Rent Fees in Oregon

1. What kinds of rental fees are illegal in Oregon?
   Landlords cannot charge fees not disclosed in your lease, excessive late fees, or non-refundable deposits unless clearly allowed in writing and by law.
2. Can my landlord charge me a late fee in Oregon?
   Yes, but only if it’s written in your lease and does not exceed $50 or 5% of your monthly rent (whichever is greater).
3. How quickly should I dispute an illegal fee?
   It’s best to dispute any improper fee as soon as you notice it—preferably in writing. The sooner you act, the better your chances for a positive outcome.
4. Where do I report illegal landlord fees in Oregon?
   You may file a complaint with the OHCS Dispute Resolution Program or, when involving retaliation/discrimination, with BOLI.
5. Do I have to pay an illegal fee while my dispute is pending?
   Oregon law protects renters from eviction for fees alone, but nonpayment of legal rent could still result in action. Always clarify what is lawful rent versus a disputed fee before withholding payment.

Summary: Key Takeaways for Challenging Fees

• Only pay fees that are listed in your lease and allowed by Oregon law
• Dispute questionable charges promptly and in writing
• Use official state dispute and complaint forms if your landlord won’t resolve the issue directly

Challenging unlawful fees keeps Oregon rentals fair and transparent for everyone.

Need Help? Resources for Renters

• Oregon Housing and Community Services (OHCS) – Contact: Questions about dispute resolution or tenant-landlord law
• Oregon Judicial Department – Eviction & Small Claims Info
• OregonLawHelp.org: Free and low-cost legal help for renters
• Oregon Bureau of Labor and Industries (BOLI)

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90), 2024 Edition

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