Can an Oregon landlord keep the security deposit?

Short answer

Only when the tenant actually owes amounts that ORS 90.300 allows the landlord to withhold — unpaid rent, repair costs for damage beyond ordinary wear and tear, or other lease-permitted charges. Even then, the landlord must send a written itemized accounting within 31 days.

When this comes up

Disputes after move-out, terminations for cause where damage is involved, and abandonment situations.

Oregon rule or source to check

ORS 90.300 covers what may be withheld and the 31-day accounting deadline. ORS 90.302 covers fees that cannot be hidden inside the deposit.

Practical workflow

1. Confirm the tenancy actually ended. Identify when possession was returned. The 31-day clock starts there.
2. Inventory true charges. List unpaid rent, late fees properly charged under the lease, and itemized damage repairs.
3. Test each charge against ORS 90.300. Ask whether the charge is for damage beyond wear or for a fee the lease properly authorizes.
4. Send the itemized accounting and any refund. Within 31 days, by a permitted delivery method, to the tenant's forwarding address.
5. Keep complete documentation. Save photos, invoices, the accounting form, and the mailing proof.

Common mistakes

Keeping the deposit because the tenant moved out early without itemizing actual damages, charging fees that the lease did not authorize, and missing the 31-day deadline.

Related forms or workflows

Itemized accounting form, supporting invoices, move-in/move-out condition reports.

Ask Propsistant

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Related Oregon resources

Propsistant provides educational information and workflow guidance. It is not a law firm and does not provide legal advice.

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