Oregon Late Fee Law
Oregon limits residential late fees by statute. Written agreement must specify one of: (a) a reasonable flat fee (customary in the local market) once per rental period; (b) a daily fee from day 5, each day no more than 6% of that reasonable flat fee, through the rental period only; or (c) 5% of the periodic rent for each 5-day period (or part) rent is late, starting day 5, through the rental period only. State law requires a grace period of 4 days before a late fee can be charged.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Oregon late fee law at a glance
| Late-fee cap | Written agreement must specify one of: (a) a reasonable flat fee (customary in the local market) once per rental period; (b) a daily fee from day 5, each day no more than 6% of that reasonable flat fee, through the rental period only; or (c) 5% of the periodic rent for each 5-day period (or part) rent is late, starting day 5, through the rental period only.ORS 90.260(1)–(2), 2026 Or. Laws c.23 § 3 (SB 1523) |
|---|---|
| Grace period | 4 daysORS 90.260(1)(a), (2)(b)–(c) |
| Notice before filing for unpaid rent | 10 days (10-day notice of nonpayment (served on or after day 8 of the rental period) or 13-day notice (served on or after day 5))ORS 90.394(2)–(3), ORS 90.395(2), HB 2001 (2023 c.13 § 58) |
Notice before filing for unpaid rent
- In effect since .
- Before : 72-hour notice (served on or after day 8) or 144-hour notice (served on or after day 5).
What Oregon law says
Is there a limit on late fees in Oregon?
A late fee must be set out in a written rental agreement and may not exceed a reasonable flat fee, a daily fee of up to 6% of that flat fee, or 5% of the rent per five-day period late (ORS 90.260(1)–(2)).
Does Oregon require a grace period before a late fee?
A late fee may be charged only if rent is still unpaid by the end of the fourth day of the rental period, so the earliest fee is on day 5 (ORS 90.260(1)(a)) (ORS 90.260(1)(a), (2)(b)–(c)).
How much notice must an Oregon landlord give for unpaid rent?
For nonpayment, landlords must give a 10-day written notice no sooner than the 8th day of the rental period, or a 13-day notice no sooner than the 5th day, stating the amount and deadline to pay, with the court's rental-assistance notice attached (ORS 90.394(2)–(3); 90.395(2)).
How Oregon compares
20 of 51 verified jurisdictions cap late fees by statute. 11 require a longer grace period than 4 days.
None of Oregon's 4 neighbors follows the same rule.
| Late-fee cap · grace period | States |
|---|---|
| Statutory formula · 4 days | Oregon |
| Reasonableness (case law) · none | California |
| Statutory standard, no fixed amount · none | Idaho |
| Statutory formula · 3 days | Nevada |
| No state cap · 5 days | Washington |
Local rules in Oregon
Portland (PCC 30.01.085) requires 90 days' notice for rent increases of 5% or more in 12 months, and landlord-paid relocation assistance ($2,900–$4,500 by unit size) for no-cause/qualifying-reason terminations and, on tenant request, for rent increases of 10% or more; other Portland rules (e.g., security-deposit and screening ordinances) and other cities may add requirements. State law (ORS 91.225) bars local rent control.
Other Oregon rules
| Security deposit limit | No state capORS 90.300 (no amount cap) |
|---|---|
| Deposit return deadline | 31 days after move-outORS 90.300(12)–(14) |
| Entry notice | 24 hours' noticeORS 90.322(1) |
| Rent-increase notice | 90 days (No increase in the first year of tenancy; after that, at least 90 days' written notice stating the increase, new rent and effective date, at most once per 12 months. Week-to-week tenancies: 7 days' notice)ORS 90.323(1)–(3) |
| Month-to-month termination | 30 days (either side)ORS 90.427(3)–(8) |