DisputeKit / Oregon
How long does a Oregon landlord have to return a security deposit?
31 days. Under Oregon Revised Statutes § 90.300, a landlord must give the tenant a written accounting stating specifically the basis of any claim against the deposit and return any portion not claimed within 31 days. The clock starts when you move out and hand back possession of the unit. A court may also award twice the amount withheld without the required written accounting or withheld in bad faith.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 31 days run from when the tenancy ends and the tenant delivers possession to the landlord.
What Oregon law says about deductions and your rights
- Deductions are limited to the amount reasonably necessary to remedy the tenant's defaults under the rental agreement (including unpaid rent) and to repair damage caused by the tenant, not including ordinary wear and tear.
- Labor charged for cleaning or repairs must be at a reasonable hourly rate; carpet cleaning may be deducted only under the conditions listed in ORS 90.300(7)(c).
- The written accounting or refund must be given by personal delivery or first class mail (or email if the rental agreement allows it under ORS 90.155).
- The statute requires the written accounting 'in order to claim' any part of the deposit; it does not use the word forfeit, so whether a late landlord loses all deductions is for a court to decide.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Oregon is $10,000 in the small claims department of circuit court (claims of $750 or less must be filed there), and the filing fee is $57 if you claim $2,500 or less, $102 if you claim more (ORS 46.570), plus service costs.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 31 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Oregon?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Oregon law allows a court to award twice the amount withheld without the required written accounting or withheld in bad faith. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Oregon is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.