Oregon Late Rent Fees: Maximum Charges Explained

Renting in Oregon comes with many important rights and responsibilities. One common concern is what happens if your rent is late — specifically, what late fees can your landlord actually charge under Oregon law? Knowing these rules will help you protect yourself from unreasonable fees and stay on top of your rental obligations.

Understanding Late Rent Fees in Oregon

Oregon law allows landlords to charge fees if rent isn’t paid on time, but there are strict rules about what’s allowed. If you receive a late fee notice, the amount and timing must follow Oregon’s Residential Landlord and Tenant Act.^[1]

When Can Late Fees Be Charged?

A landlord may only charge a late fee if:

• Your written rental agreement specifically states the amount and conditions for the late fee.
• The rent is at least four days late (including the due date).

How Much Can Oregon Landlords Charge for Late Fees?

Oregon limits both the timing and the amount of late fees landlords can collect. Acceptable late fee types include:

• Flat Fee: Must be a reasonable amount and not more than 5% of the periodic rent.
• Daily Fee: Must also be a reasonable amount, and total daily fees for each late payment may not exceed 6% of the flat fee which could have been charged.
• Pro-rata Fee: Not allowed under Oregon law.

These restrictions protect renters from excessive charges. For example, if your rent is $1,000 per month, the maximum flat late fee your landlord can legally charge is $50.

Notice Requirements and Payment Timing

Landlords must give proper notice before collecting late fees. In Oregon:

• Rent is “late” only after the 4th day, including the due date.
• Late fees can only be charged beginning on the 5th day after the rent due date.
• A clear written rental agreement about late fees is required.

If you believe you’ve been charged too much or without proper notice, you have the right to dispute the fee. The Oregon Housing and Community Services website provides helpful guidance for renters experiencing fee disputes.

Relevant Official Forms

• 30-Day Notice of Termination With Cause (ORS 90.392): This form is used if a landlord repeatedly charges unlawful late fees and you wish to terminate the tenancy. You must properly fill in the details and deliver it as described.
  Download the Notice of Termination form
  Example: A renter receives multiple late fee charges over the allowed maximum each month. After communicating with the landlord and seeing no change, the renter completes this form, gives proper notice, and ends the tenancy.
• Appeal Form (for court eviction/fee dispute): If your dispute escalates to eviction court, you may need to respond with this form to the
  Oregon Judicial Department - Landlord Tenant forms for instructions.

The Oregon Judicial Department handles landlord-tenant cases in Oregon, including disputes about late fees and evictions.

What If You’re Charged an Illegal Late Fee?

If you are charged more than Oregon law allows, or your landlord didn’t follow the legal process:

• Start by communicating your concerns in writing to your landlord.
• Keep all receipts, notices, and a copy of your written rental agreement.
• If the issue isn’t resolved, you may file a complaint with the Oregon Department of Justice Consumer Protection or seek a remedy in small claims court.

For more guidance, visit the Oregon Housing and Community Services Landlord-Tenant Resources.

1. What is the maximum late fee a landlord can charge in Oregon?
   The law sets a standard maximum flat late fee of 5% of your monthly rent. For a $1,000 rent, this is $50. Landlords can’t charge above this amount, and all late fees must be stated clearly in the rental agreement.
2. Can my landlord charge late fees if my rental agreement doesn’t mention them?
   No. If your rental agreement does not specifically include a late fee clause, your landlord may not charge any late fees at all.
3. When do late fees actually become due in Oregon?
   Late fees can only be assessed if the rent is unpaid after the fourth day following the due date. For example, if rent is due on the 1st, a late fee could be charged starting on the 5th.
4. What should I do if I’ve been charged an illegal late fee?
   Notify your landlord in writing. If the issue isn’t resolved, consider filing a complaint with Oregon Housing and Community Services or taking the dispute to small claims court.
5. Which agency handles rental fee disputes and evictions in Oregon?
   The Oregon Judicial Department oversees landlord-tenant cases including late fee and eviction matters.

Summary: Key Takeaways for Oregon Renters

• Oregon law caps late rent fees at 5% of your monthly rent, and only if clearly stated in your agreement.
• Late fees can only be charged starting the fifth day past the rent due date.
• Renters have clear rights to dispute and resolve unlawful late fee charges with support from state resources.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Landlord-Tenant Help
• Oregon Judicial Department – Tenant and Landlord Court Information
• Oregon Department of Justice – Consumer Protection

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1. Oregon Residential Landlord and Tenant Act, ORS Chapter 90
2. Oregon Judicial Department – Landlord-Tenant

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