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    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 capWritten 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 period4 daysORS 90.260(1)(a), (2)(b)–(c)
    Notice before filing for unpaid rent10 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 periodStates
    Statutory formula · 4 daysOregon
    Reasonableness (case law) · noneCalifornia
    Statutory standard, no fixed amount · noneIdaho
    Statutory formula · 3 daysNevada
    No state cap · 5 daysWashington

    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 limitNo state capORS 90.300 (no amount cap)
    Deposit return deadline31 days after move-outORS 90.300(12)–(14)
    Entry notice24 hours' noticeORS 90.322(1)
    Rent-increase notice90 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 termination30 days (either side)ORS 90.427(3)–(8)

    Read the Oregon law

    Put the late fee and grace period in writing

    Report an outdated or wrong rule