Oregon Lease Agreement Review
Oregon was the first state to adopt statewide rent stabilization, and the rules have been tightened since. For most tenancies, rent cannot rise during the first year, can rise only once in any 12 months after that, and is capped by a formula published each year by the state. Oregon also has a detailed late fee statute and a 31-day deposit deadline with a double-damages penalty.
Security deposit
No statewide cap
Entry notice
24 hours
Security deposits in Oregon
Oregon sets no statutory deposit cap but requires 24 hours’ notice before entry and regulates deposit handling closely.
Oregon lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Oregon
Oregon generally requires 24 hours of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Oregon
Like nearly every state, Oregon recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
How much can Oregon rent go up?
Under ORS 90.323 and 90.324, the maximum annual increase is the lesser of 10% or 7% plus the September 12-month change in the West Region CPI, calculated by the Department of Administrative Services by September 30 each year. You must get written notice at least 90 days before the increase takes effect, there can be no increase in the first year, and only one increase is allowed in any 12-month period.
The cap does not apply where the first certificate of occupancy was issued less than 15 years before the notice date, or to certain affordable units. Week-to-week tenancies need only seven days' notice.
What late fees can an Oregon landlord charge?
ORS 90.260 forbids a late charge until rent is still unpaid by the fourth day of the rental period. The lease may then use one of three structures: a reasonable flat fee once per period; a reasonable daily fee starting on the fifth day, no more than 6% of that flat fee; or 5% of the periodic rent for each five days the rent stays unpaid.
When does an Oregon deposit come back?
ORS 90.300 gives the landlord 31 days after the tenancy ends and you return possession to refund the deposit or give a written accounting that states specifically the basis for each claim. Failing to do so, or withholding in bad faith, lets you recover twice the amount withheld.
Oregon sources checked 2026-10-09: ORS 90.323, rent increase limits · ORS 90.324, maximum annual increase · ORS 90.260, late fees · ORS 90.300, security deposits. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Oregon lease
- Security deposit vs the Oregon limit, and the return terms
- Landlord entry notice against Oregon requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Oregon lease FAQ
How much can a landlord charge for a security deposit in Oregon?
As of October 2026, the security-deposit rule in Oregon is: No statewide cap. Oregon sets no statutory deposit cap but requires 24 hours’ notice before entry and regulates deposit handling closely. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Oregon law when you run your lease.
How much notice must a landlord give before entering in Oregon?
In Oregon, a landlord generally must give 24 hours before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Oregon lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Oregon lease; it does not override your rights.
How much can a landlord charge as a security deposit in Oregon?
Oregon caps it: No statewide cap. Oregon sets no statutory deposit cap but requires 24 hours’ notice before entry and regulates deposit handling closely. 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Oregon treat deposits the same way?
No, and the gap can be large: California (1 month (most landlords, since July 2024)), Nevada (3 months). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Oregon's.
Is there anything specific to Oregon tenants should know?
Oregon sets no statutory deposit cap but requires 24 hours’ notice before entry and regulates deposit handling closely. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does Oregon's rent cap apply to a brand-new apartment building?
Not at first. ORS 90.323 exempts a unit whose first certificate of occupancy was issued less than 15 years before the date of the rent increase notice. The 90-day notice rule and the once-a-year limit still apply, so check the building's age before relying on the cap.
Can an Oregon lease charge a late fee on the second day?
No. ORS 90.260 only allows a late charge if rent has not been received by the fourth day of the weekly or monthly rental period. A clause imposing a fee on the second or third day conflicts with the statute.
Have a Oregon lease to sign?
Upload it and get every clause checked against Oregon law in about a minute, with a fix for each problem.
Deposit rules in neighbouring states
Deposit limits are set state by state, and 2 of the 4 states bordering Oregon use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Oregon landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Oregon law when you run your lease, and you should confirm anything critical with a qualified Oregon attorney.