Oregon Rules: Security Deposits vs Damage Deposits Explained

If you're renting in Oregon, it's important to know your rights and responsibilities regarding deposits. Security deposits and damage deposits are common terms in leasing, but what do they really mean in Oregon? This guide explains their differences, state rules, and how to protect yourself as a renter.

What is a Security Deposit in Oregon?

Under Oregon law, a security deposit is any money paid by a tenant to a landlord to secure performance of a rental agreement. This includes covering unpaid rent, cleaning, or repairing damages beyond normal wear and tear at the end of your lease.

• There is no legal limit to the amount a landlord can charge as a security deposit in Oregon.
• Deposits must be documented in your written rental agreement.
• Landlords must provide a written receipt if requested by the tenant.

For full legal definitions, see Oregon Residential Landlord and Tenant Act (ORS Chapter 90).^[1]

Is There a Difference Between Security and Damage Deposits?

In Oregon, the law considers all deposits that cover rent, cleaning, or repairs not due to normal wear and tear as a security deposit. There is no legally distinct “damage deposit”—this term is sometimes used by landlords, but it is treated identically to a security deposit under Oregon law. All relevant rules and return requirements apply to either term.

Common Use Cases for Security Deposits

• Unpaid rent when moving out
• Cleaning unit (if not left as clean as at move-in)
• Repairing tenant-caused damage not due to normal wear

Oregon Security Deposit Rules: Key Protections for Renters

Understanding these essential rules helps prevent misunderstandings and protects your rights as a renter.

• Written Statement: Landlords must return your deposit (minus deductions) within 31 days after your tenancy ends and you move out.
• Itemized Statement: If any amount is kept, your landlord must provide a written, itemized list explaining all deductions.
• Receipts: Receipts or estimates must be included for repairs or cleaning costs deducted from your deposit.
• Written Notice: If you move out, always provide your forwarding address in writing to ensure deposit return.

If There's a Dispute: Deposit Returns and Complaints

If you disagree with deductions or your landlord doesn’t return your deposit in time:

• Send a written request for a detailed itemization or deposit return.
• If unresolved, Oregon renters can take legal action in Small Claims Court for return of the deposit and damages.
• Contact the Oregon Judicial Department for information on filing a claim.

Relevant Official Forms

• Oregon Small Claims Complaint (Form SC-01): If your landlord does not return your deposit on time, you may use this form to start a legal claim. File with your local circuit court.
  Example: If 31 days pass and your landlord ignores your requests, fill out Form SC-01 with details of the deposit, attach supporting documents, and file at the court. Download Oregon Small Claims Complaint (Form SC-01).
• Forwarding Address Notice (no official form): Always provide your landlord with a written forwarding address at move-out. This is required for receiving your deposit and itemized statement. A simple signed and dated letter will suffice.

Who Handles Rental Disputes in Oregon?

Residential tenancy disputes in Oregon are typically handled by the Oregon Judicial Department (OJD). There is no separate residential tenancy board in Oregon; small claims processes are administered through local circuit courts.^[2]

FAQ: Understanding Security Deposit Rights in Oregon

1. What is the maximum security deposit a landlord can charge in Oregon?
   There is no maximum limit for security deposits in Oregon; the amount is determined by the landlord but must be stated in the rental agreement.
2. How long does my landlord have to return my deposit?
   Your landlord must return your security deposit or provide an itemized deduction statement within 31 days after you move out and return the keys.
3. Can my landlord keep my deposit for cleaning?
   Yes, but only for cleaning necessary to return the unit to the condition it was in at the start of tenancy, aside from normal wear and tear.
4. What can I do if I think my landlord made improper deductions?
   Request an itemized statement and receipts. If you still disagree, you may file a claim in Small Claims Court.
5. Is a damage deposit different from a security deposit?
   No, in Oregon both are treated the same under the law and follow the same rules for return and deductions.

Key Takeaways for Oregon Renters

• Security and damage deposits are the same by law in Oregon.
• Landlords must return your deposit (minus any valid deductions) within 31 days of move-out, or provide a written, itemized statement.
• If you have a dispute, you can use official court forms and seek help from the Oregon courts.

Reviewing your lease and providing a forwarding address are key to protecting your rights.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Renter help and housing information
• Oregon Judicial Department – Guidance on small claims and legal actions
• Oregon Residential Landlord and Tenant Act (ORS Chapter 90) – Full legislation text
• Local renter advocacy groups, such as Community Alliance of Tenants, for education and support

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Oregon Judicial Department (OJD)

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