Oregon Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
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' written notice before entering a rental unit. 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.
| Rule | Oregon law |
|---|---|
| Security deposit cap | No statutory limit |
| Return deadline | 31 days after tenancy ends |
| Itemized statement | Required with the returned deposit |
| Interest on deposit | Not required |
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 written notice before entering a rental unit for non-emergency purposes. 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, the required notice period depends on how long the tenancy has lasted. For a tenancy of one year or less, either the landlord or the tenant must give at least 30 days written notice before the intended termination date. For a tenancy that has lasted more than one year, at least 60 days written notice is required for a no-cause termination.
Oregon enacted just-cause eviction protections that restrict when a landlord may terminate a tenancy without stating a reason. After a tenant has lived in the property for 12 months, the landlord generally needs a qualifying reason to terminate, such as intent to demolish the unit, substantial renovation, or a first-degree relative moving in. No-cause termination remains available within the first year of tenancy.
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 necessary repair after receiving written notice, Oregon law gives tenants a repair-and-deduct remedy under ORS 90.365. A tenant may hire a qualified contractor to fix the condition and then deduct the cost from rent. The deduction is capped at whichever is greater: one month's rent or $300. To use this remedy, the tenant must give the landlord written notice of the deficiency and a reasonable time to repair it (generally no fewer than seven days for urgent conditions).
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%. Buildings that received their first occupancy certificate within the last 15 years are exempt from the cap, as are the first year of a new tenancy.
Landlords must provide at least 90 days written notice before any rent increase takes effect. Oregon does not preempt local rent control ordinances entirely, but the statewide framework effectively limits local action in most jurisdictions. 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 90.365 is available. 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.
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Sources
- Oregon Revised Statutes, Chapter 90 (Residential Landlord and Tenant Act): https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
- Oregon Office of Economic Analysis (annual rent increase cap calculations): https://www.oregon.gov/das/opa/pages/index.aspx
- Oregon Housing and Community Services: https://www.oregon.gov/ohcs/pages/index.aspx
Related: Landlord-Tenant Laws by State | Oregon Eviction Notice | Oregon Squatters Rights