Oregon security deposit: 31 days to get it back
Within 31 days after the tenancy ends and the tenant delivers possession, the landlord must either return the whole deposit and any prepaid rent, or send a written accounting of any claim and return the rest. Delivery can be personal, first-class mail, or email if the lease allows.
What the law requires
- Itemized statement
- To claim any part of the deposit or prepaid rent, the landlord must give a written accounting that "states specifically the basis or bases of the claim" within the same 31 days. No receipt or documentation dollar threshold was found in the state text reviewed (Portland has its own rules; see local notes).
- If the landlord breaks the rules
- If the landlord misses the 31-day return deadline, or in bad faith fails to return money owed, the tenant may recover twice the amount that was withheld without a written accounting or withheld in bad faith.
- Loss of the right to deduct
- Effectively yes: a landlord must give the written accounting within 31 days in order to claim any part of the deposit, and the penalty is twice any amount withheld without one. The statute does not use the word forfeit.
- Deposit cap
- No statewide cap on the deposit amount. A landlord generally may not require a new or increased deposit during the first year of the tenancy (limited exceptions).
- Small claims limit
- $10,000 in Small Claims Department of the Circuit Court (also heard in Justice Courts)
- Statute
- Or. Rev. Stat. § 90.300
Recent changes
ORS 90.300 itself shows no amendment since 2023 c.296 §4. HB 3521 (2025) amended ORS 90.297 (applicant 'hold' deposits, not ordinary security deposits): return within five business days; late-return penalty is the greater of the deposit or an agreed amount; applies to deposits received on or after Jan 1, 2026.
Local rules
Portland: per a secondary source, Portland City Code 30.01.087 (amended eff. Jan 1, 2025) adds a one-month-rent deposit cap, separate-account and interest rules, final-inspection and itemization-documentation duties, and up to $250 per violation. Not verified against the city code; check before relying on it.
If your landlord misses the deadline
- Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
- Send a written demand by certified mail, keep the receipt, and cite Or. Rev. Stat. § 90.300. Give a date to respond.
- If you still aren't paid, file in Small Claims Department of the Circuit Court (also heard in Justice Courts). Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.
What a Oregon demand letter looks like
Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]
Dear [Landlord name]:
I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].
My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.
[A.] I have not received my deposit or an itemized statement of deductions. Under Or. Rev. Stat. § 90.300, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 31 days after the tenant moves out. That deadline passed on [deadline date].
Preview of the first part of letter one. Yellow marks the parts you fill in.
Common questions
How long does a landlord in Oregon have to return a security deposit?
Within 31 days after the tenancy ends and the tenant delivers possession, the landlord must either return the whole deposit and any prepaid rent, or send a written accounting of any claim and return the rest. Delivery can be personal, first-class mail, or email if the lease allows.
What happens if a Oregon landlord keeps the deposit wrongfully?
If the landlord misses the 31-day return deadline, or in bad faith fails to return money owed, the tenant may recover twice the amount that was withheld without a written accounting or withheld in bad faith. Effectively yes: a landlord must give the written accounting within 31 days in order to claim any part of the deposit, and the penalty is twice any amount withheld without one. The statute does not use the word forfeit.
Do I have to give my Oregon landlord a forwarding address?
Our review of Oregon's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.
Where do I sue for my deposit in Oregon?
Deposit claims up to $10,000 can be filed in Small Claims Department of the Circuit Court (also heard in Justice Courts). Check the court's website for current filing fees and forms.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- District of Columbia
Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.