Oregon Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Oregon, a landlord generally has 31 days after your tenancy ends and you have turned over possession to either return your full security deposit or give you a written, itemized accounting of any amounts kept (along with whatever balance is left over). This rule comes from the Oregon Residential Landlord and Tenant Act, found in ORS Chapter 90, with the security deposit provisions in ORS 90.300. Oregon does not set a statewide dollar cap on how large a deposit can be, and there is generally no state requirement that landlords pay interest on deposits. If a landlord wrongfully withholds your money, Oregon law lets a tenant recover up to twice the amount that was improperly kept. Because landlord-tenant rules change and some cities (notably Portland) add their own protections, confirm the current rules for your situation before relying on any single figure.

How much can an Oregon landlord charge?

Oregon law does not impose a fixed maximum on the security deposit itself. A landlord may set the amount, though it has to be reasonable and consistent with the rental agreement.

• There is no statewide cap measured in months of rent the way some states require.
• Local ordinances can add limits or extra rules, so renters in larger cities should check city housing rules.
• A deposit is the tenant's money held in trust; it is not the landlord's to spend during the tenancy and must be accounted for at move-out.
• Last month's rent that is labeled as such is treated differently from a security deposit, so read your lease carefully to see how each payment is described.

The 31-day return deadline and itemized statement

This is the heart of Oregon's rule. Within 31 days of the tenancy ending and the tenant giving up the unit, the landlord must deliver a written accounting that explains exactly what was deducted and why, plus any refund owed.

• The statement should itemize each deduction, not just give a single lump-sum number.
• If the landlord keeps part of the deposit for repairs or cleaning, the accounting should describe the specific charges.
• The 31 days runs from when the tenancy is over and possession is returned, so leaving keys and moving out fully matters for the clock.
• Always give the landlord a clear forwarding address in writing so the refund and statement can reach you.

What can and cannot be deducted

An Oregon landlord may deduct for unpaid rent and for damage beyond normal wear and tear. The key dividing line is that ordinary aging and use of the unit is the landlord's cost of doing business, not yours.

• Generally deductible: unpaid rent, broken fixtures, holes in walls, pet damage, or cleaning needed because the unit was left unusually dirty.
• Not deductible (normal wear and tear): faded paint, minor scuffs, lightly worn carpet, and small nail holes from hanging pictures.
• Carpet cleaning can only be charged in limited circumstances under Oregon's rules, so a routine cleaning fee taken from every tenant may not hold up.
• Photos at move-in and move-out, plus a signed condition checklist, are your best evidence if a charge is disputed.

Penalties for wrongful withholding

Oregon takes the deadline seriously. If a landlord fails to return the deposit or account for it within the required time, or keeps money in bad faith, the tenant may be able to recover up to twice the amount wrongfully withheld under ORS 90.300.

• Start with a polite written demand letter that states the law, the amount owed, and a deadline to pay.
• Keep copies of your lease, the move-out checklist, photos, and any messages with the landlord.
• If the landlord still refuses, the double-damages possibility gives you real leverage.

Suing in Oregon small claims court

Most deposit disputes are small enough for Oregon's small claims process, which is handled through the small claims department of the Circuit Court in the county where the rental is located.

• Oregon small claims handles disputes up to $10,000, which covers nearly all deposit cases.
• Lawyers usually are not allowed in small claims without the court's permission, so the process is built for regular people.
• Bring your evidence organized and in order: lease, demand letter, photos, and the itemized statement (or proof none arrived).
• If your claim is larger or the facts are complicated, talking to a tenant attorney or local legal aid first can be well worth it.

This article is general information, not legal advice. Oregon's landlord-tenant statutes are updated periodically, and cities or counties can add their own protections, so verify the current version of ORS Chapter 90 or speak with an Oregon tenant or landlord attorney about your specific facts.