Oregon Security Deposit Laws: Tenant Rights & Protections

Understanding security deposit laws is crucial for renters in Oregon. Knowing your rights and responsibilities helps protect your money and ensures a fair process when moving out. This guide covers key Oregon security deposit rules, official forms, how disputes are handled, and what you can do if you face issues.

What Is a Security Deposit?

A security deposit is money a landlord collects from a tenant before moving in. It's meant to cover possible damages (beyond normal wear and tear) or unpaid rent when you move out. In Oregon, there is no state-mandated limit on how much a landlord can charge for a security deposit, but the amount must be reasonable and specified in your rental agreement.^[1]

Key Security Deposit Rules in Oregon

• No Maximum Amount: Oregon law does not set a cap for security deposits. The landlord decides the amount, but it must be clearly explained in your lease.
• Separate Holding: Security deposits must be kept in an account and cannot be mixed with the landlord’s personal money.
• Written Receipts: Landlords must provide a receipt for any deposit taken.
• Move-In/Move-Out Condition Reports: These documents show the apartment’s condition at key times, helping avoid disputes.
• Interest: Oregon does not require landlords to pay interest on security deposits.

Always ask for and keep all receipts and documentation related to your security deposit. This is your best evidence in case of a dispute.

Return of Your Security Deposit: Timelines and Deductions

• Return Deadline: After you move out, your landlord has 31 days to return your deposit or provide a written notice of any deductions and amounts withheld.
• Permitted Deductions: Landlords can only keep money for:
• Unpaid rent
• Damages beyond normal wear and tear
• Unpaid utility bills (if specified in your lease)
• Other costs agreed in your rental contract
• If any deductions are made, landlords must provide an itemized, written list explaining each one.^[1]

Normal Wear and Tear vs. Damage

Normal wear and tear means natural aging of the property from everyday use, such as faded paint or minor carpet scuffs. Damage refers to neglect, abuse, or accidents—like broken windows or large stains. Landlords cannot hold you responsible for normal wear and tear.

Important Official Forms for Oregon Renters

• Move-In/Move-Out Condition Report (No official state form number)
  How It's Used: Both landlord and tenant fill out this report together at the start and end of the tenancy. It's the main document used to compare the property’s condition and prevent disputes over damages.
  Example: Before moving in, you and your landlord note existing carpet stains. When you move out, the report shows the same stains, so no deduction should be made for those.
  Download the official Oregon Move-In/Move-Out Checklist
• Security Deposit Accounting Statement (No official state form number)
  How It's Used: At move-out, your landlord uses this document to itemize all deductions from your deposit and inform you in writing.
  Example: If $100 is withheld for a broken blind, the statement must show the cost and reason.
  Download the Oregon Security Deposit Accounting Statement

Disputing Security Deposit Deductions

If you disagree with the amount returned or any deductions, take the following steps:

• Send a written request to your landlord for a detailed explanation and receipts, if not already provided.
• Keep records of communication and copies of documentation.
• If you believe your rights have been violated, you can file a complaint or bring a claim in Small Claims Court.

Which Tribunal Handles Landlord-Tenant Disputes in Oregon?

Residential tenancy disputes are handled by the Oregon Judicial Department – Landlord-Tenant Section through local courts, usually Small Claims Court. The state also offers detailed guidance through the Oregon Housing and Community Services agency.

Relevant Oregon Tenancy Legislation

Your rights regarding security deposits are protected under the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).^[1]

Frequently Asked Questions About Oregon Security Deposits

1. How soon should I expect my security deposit back after moving out in Oregon?
   Landlords have 31 days after you move out to return your security deposit or provide a written list of any deductions.
2. Can a landlord in Oregon charge a non-refundable deposit?
   No. All deposits must be refundable. Fees (like cleaning or application fees) are different from deposits and should be clearly labeled and explained in your lease.
3. What should I do if my landlord doesn’t return my deposit or explain deductions?
   You should first send a written request for an explanation. If there’s no response or you disagree with the deductions, you can file a claim in Small Claims Court.
4. Does Oregon require landlords to pay interest on security deposits?
   No, there is currently no requirement for landlords to pay interest on security deposits in Oregon.
5. What if my landlord is illegally withholding my deposit?
   You may be entitled to recover twice the amount wrongfully withheld by filing a claim in court under the Oregon Residential Landlord and Tenant Act.

Key Takeaways for Renters

• Review your lease and keep detailed records related to your security deposit.
• Landlords must return your deposit or provide written deductions within 31 days.
• If you face issues, follow official complaint steps and use Oregon's Small Claims Court for disputes.

Being informed and organized helps renters protect their security deposits and resolve disputes fairly.

Need Help? Resources for Renters

• Oregon Housing and Community Services: Renter Resources
• Oregon Judicial Department: Landlord-Tenant Information
• Oregon Residential Landlord and Tenant Act (ORS 90)
• Trouble with your landlord? Contact the Oregon Tenant Grievance Process
• Local legal aid: Find support at Oregon Law Help

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

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