Quick answer: In Oregon, a landlord generally has 31 days after the tenancy terminates and the tenant delivers possession to return the security deposit or the part not being claimed. If the landlord keeps any of the deposit, the landlord must provide a written accounting that specifically explains the basis for the claim. These rules are found in ORS 90.300.
That 31-day deadline matters because a security deposit is not simply the landlord’s money to keep. Oregon law limits when it can be used and requires the landlord to account for money that is withheld.
What Is the Oregon Security Deposit Deadline?
Under Oregon law, the landlord must return the security deposit, or the portion not claimed, no later than 31 days after the tenancy terminates and the tenant delivers possession of the rental.
If the landlord claims part or all of the deposit, the landlord must give the tenant a written accounting within the same 31-day period. The accounting must specifically state the basis or bases for the claim.
| Situation | Oregon rule |
|---|---|
| Tenant moves out and returns possession | The 31-day period begins when the tenancy terminates and possession is delivered. |
| Landlord owes the entire deposit | The deposit must be returned within 31 days. |
| Landlord keeps part of the deposit | The landlord must provide a written accounting explaining the claim within 31 days. |
| Landlord keeps money without the required accounting | Oregon law provides remedies for unlawful withholding. |
What Can a Landlord Deduct From a Security Deposit in Oregon?
Oregon law allows a landlord to claim amounts from a security deposit for certain obligations under the rental agreement and for damage to the premises. The amount claimed must be tied to a legally permitted reason rather than simply being a penalty for moving out.
Ordinary wear and tear is different from damage. Normal aging of a rental unit generally should not be treated the same as damage caused by a tenant.
Examples of possible deductions
- Unpaid rent that is properly owed under the rental agreement.
- Damage caused by the tenant that goes beyond ordinary wear and tear.
- Other amounts that Oregon law or the rental agreement allows the landlord to claim from the deposit.
A landlord should be able to connect each deduction to a specific obligation or loss. A vague statement such as “repairs” without a meaningful explanation may not satisfy the requirement for a specific written accounting.
What Does the Written Accounting Have to Include?
When a landlord keeps any part of the deposit, Oregon law requires a written accounting that specifically states the basis or bases for the claim. The landlord must give a separate accounting for security deposits and prepaid rent.
For a tenant, this means the paperwork should make it possible to understand why money was withheld. Keep the accounting with your lease, move-in records, photographs, receipts, and other documents.
What If the Landlord Misses the 31-Day Deadline?
Missing the deadline can create a legal problem for the landlord. Oregon law addresses amounts withheld without the required written accounting and amounts withheld in bad faith.
The exact remedy can depend on the facts, including whether money was actually owed and whether the landlord complied with the accounting requirements. A tenant should keep proof of the move-out date and possession being returned.
Does the 31 Days Start When You Move Out?
The statute ties the deadline to two events: the tenancy terminates and the tenant delivers possession to the landlord. In a normal move-out, these events may happen at about the same time.
To avoid a dispute, tenants should document when they surrendered the rental, return all keys as required, and provide a forwarding address or other delivery information where appropriate.
What Should You Do Before Moving Out?
- Review your lease. Check what it says about cleaning, repairs, keys, and the security deposit.
- Take photographs. Photograph each room and any condition that could later become disputed.
- Clean the property reasonably. Keep receipts for professional cleaning if you hire someone.
- Return the property properly. Return keys, remotes, parking passes, and other items required by the rental agreement.
- Document the move-out date. Keep emails, messages, or other proof showing when possession was returned.
- Keep your lease and deposit receipt. These records can be important if a deduction is disputed.
Example: How the 31-Day Rule Works
Imagine a tenant’s Oregon lease ends on September 30, and the tenant returns possession that day. If the landlord intends to keep $600 of a $1,500 security deposit for permitted claims, the landlord generally must provide the required written accounting and return the remaining $900 no later than 31 days after the tenancy terminates and possession is delivered.
If the landlord simply keeps the money without the required accounting, the tenant may have grounds to challenge the withholding.
What If You Disagree With a Deduction?
Start by comparing the landlord’s accounting with your lease, move-in and move-out photographs, inspection records, payment records, and receipts.
If a deduction appears unsupported, you can ask the landlord in writing for clarification or payment of the disputed amount. Keep copies of everything you send and receive.
If the dispute cannot be resolved, the tenant may need to consider the appropriate legal process for recovering the deposit. The value of the claim, the evidence available, and the circumstances of the withholding can affect what process makes sense.
Oregon Security Deposit Rules: Common Questions
Can an Oregon landlord keep the entire security deposit?
A landlord may claim all or part of a deposit only when the amount is supported by a legally permitted claim. Keeping the entire deposit does not automatically become lawful simply because the tenant moved out.
Can a landlord charge for normal wear and tear?
Normal wear and tear should be distinguished from tenant-caused damage. A tenant should not automatically be charged simply because ordinary use has aged the property.
Does Oregon require an itemized list?
Yes. When a landlord claims all or part of a security deposit, Oregon law requires a written accounting that specifically states the basis or bases of the claim.
Can the landlord return the deposit electronically?
Oregon law permits electronic return in certain circumstances when the required agreement is made after the tenancy begins and the tenant has occupied the premises. Otherwise, the statute provides other delivery methods, including personal delivery or first-class mail.
Official Oregon Law
The primary statute is Oregon Revised Statutes § 90.300, which governs security deposits and prepaid rent. Oregon’s Legislative Counsel also publishes the current Oregon Revised Statutes and updates.
Oregon Revised Statutes, Chapter 90
Oregon Revised Statutes — Legislative Counsel
Need a Written Tenant Notice?
If you need to communicate a repair issue or another landlord-tenant matter in writing, a structured notice can help you keep the request clear and organized. LawDepot’s tenant notice form can be used as a starting point for preparing a written repair notice.
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Legal information disclaimer: This article provides general legal information about Oregon law and is not legal advice. Laws can change, local rules may apply, and individual facts can change the outcome of a dispute. For advice about your specific situation, consider consulting a qualified Oregon attorney or an appropriate legal-aid resource.