Residential Landlord and Tenant
- prepaid rent
(1)As used in this section, “security deposit” includes any last month’s rent deposit.
(b)Except as provided in ORS 86.782 (Sale of property) (10), the holder of the landlord’s interest in the premises at the time the tenancy terminates is responsible to the tenant for any security deposit or prepaid rent and is bound by this section.
(3)A written rental agreement, if any, must list a security deposit paid by a tenant or required by a landlord.
(4)A landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws.
(b)If a landlord requires a new or increased security deposit after the first year of the tenancy, the landlord shall allow the tenant at least three months to pay the new or increased deposit.
(6)The landlord may claim all or part of the security deposit only if the landlord required the security deposit for any or all of the purposes specified in subsection (7) of this section.
(A)To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and
(B)To repair damages to the premises caused by the tenant, not including ordinary wear and tear.
(b)A landlord is not required to repair damage caused by the tenant in order for the landlord to claim against the deposit for the cost to make the repair. Any labor costs the landlord assesses under this subsection for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the landlord’s own performance of cleaning or repair work.
(c)Defaults and damages for which a landlord may recover under this subsection include, but are not limited to:
(A)Carpet cleaning, other than the use of a common vacuum cleaner, if:
(i)The cleaning is performed by use of a machine specifically designed for cleaning or shampooing carpets;
(ii)The carpet was cleaned or replaced after the previous tenancy or the most recent significant use of the carpet and before the tenant took possession; and
(iii)The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as described in ORS 90.147 (Delivery of possession).
(B)Loss of use of the dwelling unit during the performance of necessary cleaning or repairs for which the tenant is responsible under this subsection if the cleaning or repairs are performed in a timely manner.
(8)A landlord may not require a tenant to pay or to forfeit a security deposit or prepaid rent to the landlord for the tenant’s failure to maintain a tenancy for a minimum number of months in a month-to-month tenancy.
(9)The landlord must apply any last month’s rent deposit to the rent due for the last month of the tenancy:
(a)When either the landlord or the tenant gives to the other a notice of termination, pursuant to this chapter, other than a notice of termination under ORS 90.394 (Termination of tenancy for failure to pay rent);
(b)When the landlord and tenant agree to terminate the tenancy; or
(c)When the tenancy terminates in accordance with the provisions of a written rental agreement for a term tenancy.
(10)A landlord shall account for and refund as provided in subsections (12) to (14) of this section any portion of a last month’s rent deposit the landlord does not apply as provided under subsection (9) of this section. Unless the tenant and landlord agree otherwise, the tenant may not require the landlord to apply a last month’s rent deposit to rent due for any period other than the last month of the tenancy. A last month’s rent deposit does not limit the amount of rent charged unless a written rental agreement provides otherwise.
(11)When the tenancy terminates, a landlord shall account for and refund to the tenant, in the same manner this section requires for security deposits, the unused balance of any prepaid rent the landlord has not previously refunded to the tenant under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) and 105.120 (Notice necessary to maintain action in certain cases) (5)(b) or any other provision of this chapter. The landlord may claim from the remaining prepaid rent only the amount reasonably necessary to pay the tenant’s unpaid rent.
(12)In order to claim all or part of any prepaid rent or security deposit, within 31 days after the tenancy terminates and the tenant delivers possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.
(13)The landlord shall return to the tenant the security deposit or prepaid rent or the portion of the security deposit or prepaid rent that the landlord does not claim in the manner provided by subsections (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord.
(14)The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail.
(15)If a security deposit or prepaid rent secures a tenancy for a space for a manufactured dwelling or floating home the tenant owns and occupies, whether or not in a facility, and the dwelling or home is abandoned as described in ORS 90.425 (Disposition of personal property abandoned by tenant) (2) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (2), the 31-day period described in subsections (12) and (13) of this section commences on the earliest of:
(a)Waiver of the abandoned property process under ORS 90.425 (Disposition of personal property abandoned by tenant) (26) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (24);
(b)Removal of the manufactured dwelling or floating home from the rented space;
(c)Destruction or other disposition of the manufactured dwelling or floating home under ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(b) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(b); or
(d)Sale of the manufactured dwelling or floating home pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(a) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(a).
(16)If the landlord fails to comply with subsection (13) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the money due in an amount equal to twice the amount:
(a)Withheld without a written accounting under subsection (12) of this section; or
(b)Withheld in bad faith.
(b)If a landlord delivers a security deposit or prepaid rent to a garnishor in violation of ORS 18.618 (Property not subject to garnishment) (1)(b), the landlord that delivered the security deposit or prepaid rent to the garnishor shall allow the tenant at least 30 days after a copy of the garnishee response required by ORS 18.680 (Response required) is delivered to the tenant under ORS 18.690 (Delivery of garnishee response) to restore the security deposit or prepaid rent. If the tenant fails to restore a security deposit or prepaid rent under the provisions of this paragraph before the tenancy terminates, and the landlord retains no security deposit or prepaid rent from the tenant after the garnishment, the landlord is not required to refund or account for the security deposit or prepaid rent under subsection (11) of this section.
(18)This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37; 2009 c.431 §12; 2010 c.28 §5; 2011 c.42 §4; 2011 c.510 §5; 2013 c.294 §7; 2015 c.217 §16; 2019 c.625 §51]
Notes of Decisions
Contractual clause whereby tenants paid one month rent in exchange for right to break lease, with last month of tenancy “free” if lease was unbroken, did not constitute a disguised security deposit subject to this section. Zemp v. Rowland, 31 Or App 1105, 572 P2d 637 (1977), Sup Ct review denied
Legislative intent gave landlord duty of providing specific written accounting before claiming security deposit, and mere statement by landlord’s wife that tenant could come to landlord’s home to get accounting was insufficient to fulfill duty. Ellsworth v. Gladden, 36 Or App 385, 584 P2d 774 (1978), Sup Ct review denied
Court does not have discretion to reduce amount of recovery prescribed by statute. Beckett v. Olson, 75 Or App 610, 707 P2d 635 (1985); Waldvogel v. Jones, 196 Or App 446, 103 P3d 124 (2004)