Oregon security deposit law: the 31-day deadline, penalties, and how to get your money back
Your landlord has 31 days to return your deposit or send an itemized list of deductions. Miss it, and Oregon law puts real penalties on the table. Here is how the statute works and how to use it.
Has your landlord missed the 31-day deadline?
Two fields, ten seconds - the math follows Or. Rev. Stat. § 90.300; fees ORS 90.255. Add your deposit to see what the statute lets you demand.
At a glance
- Return deadline
- 31 dayscounted from your move-out
- Statute
- Or. Rev. Stat. § 90.300; fees ORS 90.255
- Itemized statement
- Required
- Ordinary wear and tear
- Never deductible
- Attorney's fees recoverable
- Yes
- Small claims limit
- $10,000 (Small Claims Department, Circuit Court)
- Filing fee
- $57 (≤$2,500) / $102 (over) - 2026 schedule
- Interest on the deposit
- Not required by the state statute
The 31-day deadline and itemization rules
Return or written accounting due not later than 31 days after the tenancy terminates and the tenant delivers possession; electronic return only with written agreement (since 2024).
Any claim requires a written accounting within 31 days stating specifically the basis of each claim; separate accountings for the deposit vs prepaid rent.
The landlord must give a receipt for any deposit paid (§ 90.300(2)(a)). Landlord's own labor may be billed at a reasonable hourly rate; carpet cleaning deductible only with a proper carpet-cleaning machine, a carpet cleaned/replaced before move-in, and written lease authorization (§ 90.300(7)).
Penalties for wrongfully keeping your deposit
Twice the amount withheld without a written accounting or withheld in bad faith (§ 90.300(16)) - the doubled amount is the total recovery. Prevailing-party attorney fees under ORS 90.255 (discretionary, two-way, non-waivable).
The fastest way to put these penalties to work is a written demand: free Oregon demand letter template →
Taking your landlord to small claims court
If a demand letter does not resolve the dispute, Oregon lets you sue in small claims court (limit: $10,000). Filing fees typically run $57 for claims up to $2,500, $102 above that, lawyers are optional. Check the filing rules, evidence requirements and possible costs in the Oregon small-claims guide → Not sure court is the next step? The step-by-step Oregon playbook →
Frequently asked questions
How long does a Oregon landlord have to return a security deposit?
31 days in most cases under Or. Rev. Stat. § 90.300; fees ORS 90.255 - exactly how the clock runs (and what can shift it) is covered in the deadline section above.
What happens if my landlord doesn't return my security deposit in 31 days in Oregon?
If no accounting or return arrives within 31 days, or the withholding is in bad faith, the tenant may recover twice the amount withheld (§ 90.300(16)). Keep proof of the dates, any refund, and the itemized statement.
What does Or. Rev. Stat. § 90.300 say?
In plain English: your landlord must return the deposit or send an itemized list of deductions within 31 days, may only deduct for actual damage beyond ordinary wear and tear (plus unpaid rent and other charges the statute allows), and faces penalties for blowing the deadline. Twice the amount withheld without a written accounting or withheld in bad faith (§ 90.300(16)) - the doubled amount is the total recovery. Prevailing-party attorney fees under ORS 90.255 (discretionary, two-way, non-waivable).
How do I demand my deposit back in Oregon?
Put your request in writing: state the relevant dates, amount held and disputed deductions, citing Or. Rev. Stat. § 90.300; fees ORS 90.255. Check any required notice, service method or cure period before sending; keep a copy and proof of delivery.
Can I sue my landlord in small claims court in Oregon?
Yes - small claims court handles deposit disputes (limit: $10,000). Typical filing fees run $57 for claims up to $2,500, $102 above that, and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Oregon?
No. Like every state, Oregon does not allow deductions for ordinary wear and tear - only for damage beyond normal use, unpaid rent, or other charges the statute allows.
Can my landlord keep my security deposit for cleaning in Oregon?
Generally only to return the unit to the level of cleanliness it had at move-in - routine turnover cleaning between tenants is the landlord's own cost. A flat, automatic "cleaning fee" deducted from every deposit is one of the most commonly disputed charges, and it still has to appear on the itemized statement Or. Rev. Stat. § 90.300; fees ORS 90.255 requires.
Where can I read the full text of Or. Rev. Stat. § 90.300?
The official full text is published by the state at www.oregonlegislature.gov - the "Read the full text" link at the top of this page goes straight to the current version. Always check the official source before relying on any summary, including this one.
Landlord kept your deposit in Oregon?
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