Oregon Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Oregon imposes no cap on security deposits, but landlords must return the deposit within 31 days of move-out. Landlords must give at least 24 hours' actual notice before entering a rental unit, and that notice does not have to be in writing. Oregon also has a statewide rent stabilization law that limits rent increases to 9.5% in 2026.

Security deposits in Oregon

Oregon places no statutory cap on the security deposit amount, meaning a landlord can charge any sum agreed to in the lease. Despite the absence of a cap, Oregon does impose strict rules on how landlords handle and return deposits. After a tenant vacates, the landlord has 31 days to return the deposit along with a written, itemized accounting of any deductions. Allowable deductions include unpaid rent, damage beyond normal wear and tear, and costs specifically identified in the lease. Landlords who wrongfully withhold a deposit may face a court award of double the amount wrongfully withheld, plus the tenant's actual damages and attorney fees.

Oregon does not require landlords to hold deposits in a separate bank account or pay interest on the balance. Even so, it is good practice for both parties to document the condition of the unit in writing at move-in to avoid disputes over deductions at the end of the tenancy.

When can a landlord enter? Notice rules

Under ORS 90.322, a landlord must give the tenant at least 24 hours' actual notice before entering a rental unit for non-emergency purposes. Actual notice is defined by ORS 90.150 and may be given verbally, including a message left on the tenant's answering device, so an oral 24-hour notice is not by itself an unlawful entry. Written notice is simply easier for either side to prove later. The entry must occur at a reasonable time, typically during normal business hours unless the tenant agrees otherwise. Permitted reasons for entry include inspections, repairs, pest control, property appraisals, and showing the unit to prospective tenants or buyers.

In a genuine emergency, such as a burst pipe, fire, gas leak, or other condition that poses an immediate threat to health or safety, the landlord may enter without advance notice. The landlord should document the emergency and notify the tenant as soon as reasonably possible after entry. Repeated entry without proper notice, or entry intended to harass the tenant, can constitute a violation of the tenant's quiet enjoyment and may give rise to a legal claim under ORS 90.322.

If a landlord enters without giving the required notice and without an emergency justification, the tenant may be entitled to a court remedy, including an injunction against further improper entries and possible damages. Tenants who believe their landlord is entering unlawfully should document every incident with dates, times, and details, and send a written objection.

Ending a lease: notice to vacate

For month-to-month tenancies in Oregon, what a landlord may do turns on how long the tenant has occupied the unit. During the first year of occupancy, either party may end the tenancy without stating a reason by giving at least 30 days written notice before the intended termination date. A tenant may end a month-to-month tenancy on 30 days written notice at any time, including after the first year.

After the first year of occupancy, a landlord may no longer end a month-to-month tenancy without cause at all. Under ORS 90.427, termination requires a qualifying landlord reason plus at least 90 days written notice. The qualifying reasons are that the landlord intends to demolish the unit or convert it to a use other than residential use; that repairs or renovations will make the unit unsafe or unfit to occupy during the work; that the landlord or a member of the landlord's immediate family will occupy the unit as a primary residence; or that the landlord has accepted an offer to purchase from a buyer who in good faith intends to live there. A landlord with an ownership interest in more than four residential dwelling units must also pay the tenant an amount equal to one month's periodic rent as relocation assistance.

One narrow exception survives. Where the landlord's primary residence is in the same building or on the same property and that property has no more than two dwelling units, ORS 90.427(8) still allows a no-cause termination after the first year on 60 days written notice, or 30 days where the landlord has accepted an offer to purchase and gave the required disclosure. A bare 60-day no-cause notice is otherwise no longer good law in Oregon.

For terminations based on nonpayment of rent or lease violations, notice requirements differ from month-to-month termination. Those situations use a pay-or-vacate or cure-or-vacate notice process. See the Oregon eviction notice page for nonpayment timelines and forms. For squatters and adverse possession questions, see the Oregon squatters rights page.

Repairs and the warranty of habitability

Oregon recognizes a statutory warranty of habitability under ORS 90.320. Landlords are required to maintain the rental unit in a habitable condition throughout the tenancy. This includes maintaining structural components, roofing, plumbing, heating and ventilation systems, and all facilities required by health and safety codes. Common areas of a multi-unit building must also be kept clean and safe.

If a landlord fails to make a repair, Oregon gives tenants a narrow repair-and-deduct remedy under ORS 90.368 for a minor habitability defect, meaning a defect that may reasonably be repaired for not more than $300, such as leaky plumbing, a stopped-up toilet, or a faulty light switch. The tenant must give the landlord written notice that specifies a repair date at least seven days after the notice is given. If the landlord does not repair the defect by that date, the tenant may have the work done and deduct the actual and reasonable cost of the repair, not to exceed $300. That $300 figure is a ceiling, not a floor, and the remedy does not reach mold, radon, asbestos, or lead-based paint.

A separate and broader remedy applies when the landlord fails to supply an essential service such as heat, running water, or electricity. Under ORS 90.365, after giving the landlord notice, the tenant may procure reasonable amounts of the essential service and deduct its actual and reasonable cost from the rent, or use the other remedies that section provides, including substitute housing or damages. ORS 90.365 carries no dollar cap, but it applies only to essential services and not to ordinary repairs.

Tenants also have the option to terminate the tenancy if the landlord fails to address a condition that materially affects health or safety, or to pursue damages through small claims court or Oregon state court. Withholding all rent without following proper procedures is risky; the repair-and-deduct and written notice pathway is the legally sound route.

Rent, late fees, and rent control

Oregon has a statewide rent stabilization law, enacted through Senate Bill 608 in 2019. That law limits how much a landlord may raise rent in a rolling 12-month period. The cap is set annually by the Oregon Office of Economic Analysis as the lesser of 7% plus the change in the Consumer Price Index or 10%. For 2026, the applicable cap is 9.5%. This figure is exactly what our rent increase cap calculator computes for an Oregon rental. Buildings whose first certificate of occupancy was issued less than 15 years before the notice are exempt from the percentage cap. The first year of a tenancy is not an exemption but a prohibition: ORS 90.323 provides that during the first year after the tenancy begins a landlord may not increase the rent at all.

Landlords must provide at least 90 days written notice before any rent increase takes effect. Local rent control is expressly preempted by statute. ORS 91.225 provides that a city or county shall not enact any ordinance or resolution which controls the rent that may be charged for the rental of any dwelling unit. The statute carves out only narrow exceptions: rent approval rights over property receiving government benefits for low-income tenants, limits on increases during a condominium conversion notice period under ORS 90.493, and temporary controls after a natural or man-made disaster that eliminates a significant portion of the rental housing supply. No city in Oregon currently operates a separate local rent control program beyond the statewide cap.

Oregon does not cap late fees by statute. However, landlords must wait four days after rent is due before charging a late fee. Any late fee must be disclosed in the lease agreement. If a fee is not described in the written lease, the landlord generally cannot charge it.

If you have a landlord-tenant dispute in Oregon

Start by putting everything in writing. Whether it is a repair request, a notice of lease termination, or a complaint about a late-fee charge, written communication with a date creates a clear record. Send notices by certified mail or email with read-receipts to establish delivery.

For deposit disputes, Oregon small claims court handles claims up to $10,000. The filing fee is modest, and you do not need an attorney. Bring your lease, move-in and move-out photos, the itemized statement (or the absence of one), and any written correspondence. If the landlord wrongfully withheld the deposit, you may recover double the withheld amount plus damages and attorney fees.

For habitability and repair disputes, start with written notice to the landlord. Keep a copy. If the landlord does not act, the repair-and-deduct route under ORS 90.368 is available for a minor defect costing no more than $300 to fix, and ORS 90.365 applies if an essential service such as heat or water has been cut off. You may also file a complaint with your local housing or building inspection office, which can pressure the landlord through code enforcement.

The Oregon Housing and Community Services agency provides information on tenant rights, rental assistance programs, and local resources. Oregon Legal Services offers free and low-cost legal help for income-qualifying tenants facing eviction or serious habitability violations. For complex situations, consult a licensed Oregon attorney.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related: Landlord-Tenant Laws by State | Oregon Eviction Notice | Oregon Squatters Rights

More Oregon Laws

• Oregon Property Records
• Oregon Restraining Order Laws
• Oregon Squatters Rights Laws
• Oregon Unclaimed Property

Frequently Asked Questions

How long does a landlord have to return my deposit in Oregon?

Oregon landlords must return the security deposit, along with a written itemized statement of any deductions, within 31 days after the tenant vacates the unit. If the landlord wrongfully withholds the deposit, the tenant may recover double the withheld amount plus damages.

How much notice must a landlord give to enter in Oregon?

Oregon law requires at least 24 hours' actual notice before a landlord may enter the rental unit for non-emergency reasons (ORS 90.322). The notice does not have to be in writing; ORS 90.150 allows verbal actual notice, though written notice is easier to prove. Entry must occur at a reasonable time. In a genuine emergency, the landlord may enter without notice.

What is the maximum security deposit in Oregon?

Oregon has no statutory cap on the security deposit amount. A landlord may charge any amount agreed to in the lease. While there is no upper limit, the landlord must return the deposit within 31 days after the tenancy ends.

Can a landlord raise rent in Oregon?

Yes, but with limits. Oregon has a statewide rent stabilization law (SB 608) that caps rent increases each year, and the 2026 cap is 9.5%. Rent may not be raised at all during the first year after a tenancy begins (ORS 90.323). Buildings whose first certificate of occupancy was issued less than 15 years ago are exempt from the percentage cap. Landlords must give at least 90 days written notice before any rent increase.

Can I withhold rent for repairs in Oregon?

Only in narrow circumstances. ORS 90.368 lets a tenant repair a minor habitability defect, one that may reasonably be repaired for not more than $300, after written notice specifying a repair date at least seven days out. The deduction is limited to the actual and reasonable cost of the repair and may not exceed $300; the $300 is a ceiling, not a floor. A separate remedy, ORS 90.365, applies when the landlord fails to supply an essential service such as heat or water, and there the tenant may procure the service and deduct its actual and reasonable cost with no dollar cap. Withholding rent outside these procedures risks a nonpayment eviction.

How much notice is needed to end a month-to-month lease in Oregon?

During the first year of occupancy, either party may end a month-to-month tenancy with 30 days written notice. After the first year, a tenant may still leave on 30 days notice, but a landlord may no longer terminate without cause: ORS 90.427 requires a qualifying landlord reason, such as demolition, renovation that makes the unit unfit, or occupancy by the landlord or an immediate family member, plus 90 days written notice and, for landlords owning more than four units, one month's rent in relocation assistance. A landlord whose own residence is in the same building on a property of no more than two units may still give a 60-day no-cause notice.

Is there rent control in Oregon cities?

Oregon has a statewide rent cap through SB 608, set at 9.5% for 2026, and ORS 91.225 expressly bars cities and counties from enacting their own rent control ordinances apart from narrow exceptions such as subsidized low-income housing and temporary controls after a disaster. No Oregon city currently operates a separate local rent control program. Buildings whose first certificate of occupancy was issued less than 15 years ago are exempt from the percentage cap. First-year tenancies are not exempt; rent may not be increased at all during the first year.