Oregon's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap (local ordinances may impose limits). The return deadline is 31 days after termination of the tenancy / surrender of possession, with an itemized accounting. Interest: No statewide interest requirement. The controlling authority is Or. Rev. Stat. § 90.300. Wrongful withholding can support damages of up to twice the amount wrongfully withheld plus attorney fees under the Oregon Residential Landlord and Tenant Act.
Key takeaways
- Maximum deposit: No statewide cap (local ordinances may impose limits)
- Return deadline: 31 days after termination of the tenancy / surrender of possession, with an itemized accounting
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages of up to twice the amount wrongfully withheld plus attorney fees under the Oregon Residential Landlord and Tenant Act.
- Primary authority: Or. Rev. Stat. § 90.300.
Worked example under Oregon law
The illustration below uses only rules already stated for Oregon. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Oregon rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap (local ordinances may impose limits).
- Calendar the return deadline: 31 days after termination of the tenancy / surrender of possession, with an itemized accounting
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages of up to twice the amount wrongfully withheld plus attorney fees under the Oregon Residential Landlord and Tenant Act.
Oregon does not set a statewide deposit maximum. Landlords must return deposits with an itemized accounting within 31 days. Double damages can apply for wrongful withholding. Circuit court small claims is the usual forum.
Deposit limits in Oregon
No statewide cap (local ordinances may impose limits)
When the deposit must be returned
31 days after termination of the tenancy / surrender of possession, with an itemized accounting
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages of up to twice the amount wrongfully withheld plus attorney fees under the Oregon Residential Landlord and Tenant Act.
Practical process for tenants and landlords
Oregon does not set a statewide deposit maximum. Landlords must return deposits with an itemized accounting within 31 days. Double damages can apply for wrongful withholding. Circuit court small claims is the usual forum.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related Oregon guides
Case law: security deposits in Oregon
C.O. Homes, LLC v. Cleveland
C.O. Homes, LLC v. Cleveland, 366 Or. 207 (2020)
…arties’ rental agreement due to tenant’s failure to pay her security deposit. Under the ORLTA, a 72-hour notice of termination may be given for the nonpayment of rent. Two days before trial, plaintiff moved to amend its complaint to attach an additional notice of termination—a 30-day notice, which under the ORLTA, may be given “for cause.” Like the 72-hour notice, the 30-day no…
On security deposits, C.O. Homes, LLC v. Cleveland speaks to the Oregon dispute in this passage: "Under the ORLTA, a 72-hour notice of termination may be given for the nonpayment of rent. Two days before trial, plaintiff moved to amend its complaint to attach an additional notice of termination—a 30-day notice, which under the ORLTA, may be given “for cause." The surrounding opinion shows how the court applied that language to the record.
Hickey v. Scott
Hickey v. Scott, 370 Or. 97 (2022)
…The parties’ agreement required defendants to pay a $1,500 security deposit and $850 a month in rent. When defendants moved in, they personally paid $525 toward their October rent, and, a short time later, the Siletz Tribal Housing Department (STHD) paid plaintiff $1,500 on defendants’ behalf. No further payments were made. On December 17, 2019, plaintiff issued to defendants…
Oregon opinions such as Hickey v. Scott are cited where security deposits is disputed. The court stated: "The parties’ agreement required defendants to pay a $1,500 security deposit and $850 a month in rent." That is the language to brief; the rest of the decision supplies the procedural posture.
BECKETT, Appellant, v. OLSON Et Al, Respondents
BECKETT, Appellant, v. OLSON Et Al, Respondents, 75 Or. App. 610 (1985)
…ndants, his former landlords and their agent, to return his security deposit within the statutorily required time. He asserts that the damages awarded are too low and that the court erred in failing to award attorney fees. We agree with the first assertion and therefore reverse and remand. Plaintiff paid a $150 security deposit when he rented an apartment from defendants. On Ju…
Oregon opinions such as BECKETT, Appellant, v. OLSON Et Al, Respondents are cited where security deposits is disputed. The court stated: "He asserts that the damages awarded are too low and that the court erred in failing to award attorney fees. We agree with the first assertion and therefore reverse and remand. Plaintiff paid a $150 security deposit when he rented an apartment from defendants." That is the language to brief; the rest of the decision supplies the procedural posture.
Mark GREENE and Days Inn, Plaintiffs-Respondents, v. Sharon HREN, Defendant-Appellant
…a written rental agreement, and where there are no fees or security deposits. Former ORS 90.100(46) (2005), renumbered as ORS 90.100(48) (2007). ORS 90.155 provides, in part: “(1) * [W]here this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: “(a) Personal delivery to the landlord or ten…
Practitioners open Mark GREENE and Days Inn, Plaintiffs-Respondents, v. Sharon HREN, Defendant-Appellant when Oregon security deposits turns on the distinction in this sentence: "Former ORS 90.100(46) (2005), renumbered as ORS 90.100(48) (2007). ORS 90." Do not lift it out of the facts the court was deciding.
ZEMP Et Ux, Respondents—Cross-Appellants, v. ROWLAND Et Ux, Appellants—Cross-Respondents
…r the first time on appeal that the fee is an ill-disguised security deposit subject to the requirements of ORS 91.760. This argument overlooks the fact that plaintiffs have limited their liability to the defendants by contractually providing that they may buy out of the contract. It is true that the nonrefundable fee when viewed with the free-rent provision is similar to a sec…
Oregon opinions such as ZEMP Et Ux, Respondents—Cross-Appellants, v. ROWLAND Et Ux, Appellants—Cross-Respondents are cited where security deposits is disputed. The court stated: "ORS 91.760. This argument overlooks the fact that plaintiffs have limited their liability to the defendants by contractually providing that they may buy out of the contract." That is the language to brief; the rest of the decision supplies the procedural posture.
PRATT Et Al, Respondents, v. McNALLY-RATHBONE, INC., Appellant
PRATT Et Al, Respondents, v. McNALLY-RATHBONE, INC., Appellant, 61 Or. App. 443 (1983)
…chase price. The $10,000 initial payment was denominated a “security deposit” but had several purposes under the lease. It was to be used by lessor to bring property taxes up to date, and lessor was to pay lessee interest for use of the money. The deposit was to be forfeited by lessee in the event of noncompliance with the lease; or it would apply to rent in the sixth year of o…
PRATT Et Al, Respondents, v. McNALLY-RATHBONE, INC., Appellant is worth reading on Oregon security deposits because the court put the point in its own words: "The $10,000 initial payment was denominated a “security deposit” but had several purposes under the lease. It was to be used by lessor to bring property taxes up to date, and lessor was to pay lessee interest for use of the money." Use that passage as the starting point, then read the facts that precede it.
Lori A. CHRISTENSEN, Appellant, v. Sheldon R. COBER, M.D., Respondent
Lori A. CHRISTENSEN, Appellant, v. Sheldon R. COBER, M.D., Respondent, 206 Or. App. 719 (2006)
…a landlord wrongfully withholds any portion of the tenant’s security deposit. We noted that ORS 90.300(10) provides that the landlord may claim all or part of the remaining balance if, within 31 days after the termination of the tenancy, the landlord provides a written accounting that specifies the bases of the claim. Id. at 449. The dispositive issue turned on the meaning of O…
Oregon opinions such as Lori A. CHRISTENSEN, Appellant, v. Sheldon R. COBER, M.D., Respondent are cited where security deposits is disputed. The court stated: "We noted that ORS 90.300(10) provides that the landlord may claim all or part of the remaining balance if, within 31 days after the termination of the tenancy, the landlord provides a written accounting that specifies the bases of the claim. Id. at 449." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How much can a landlord charge for a security deposit in Oregon?
No statewide cap (local ordinances may impose limits)
How long does a landlord have to return my deposit?
31 days after termination of the tenancy / surrender of possession, with an itemized accounting
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages of up to twice the amount wrongfully withheld plus attorney fees under the Oregon Residential Landlord and Tenant Act.
This guide covers Oregon residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.