ORS 90.295 - Oregon Tenant Screening Fees

Short answer

Under ORS 90.295, an Oregon landlord may charge an applicant a screening charge no greater than the actual average cost of obtaining the screening reports (credit, criminal, and rental history). The landlord must give written notice of the amount and the screening criteria before accepting the fee, and must refund it in defined situations. Portland's FAIR rules add a stricter local cap.

The fee cap under ORS 90.295(1)

The screening charge may not exceed the landlord's actual average cost of obtaining a tenant screening report - the credit check, criminal history, and rental verification. Landlords should keep documentation of their typical per-applicant cost and recalculate periodically.

Written criteria first

Before accepting an application or the fee, ORS 90.295(2) requires written notice of (a) the screening charge amount and (b) the screening criteria the landlord uses - including income, credit, rental history, and criminal-history standards. Hand this to every applicant.

When the fee must be refunded

ORS 90.295(4) requires a refund if the landlord fills the unit before screening the applicant, if the landlord does not in fact obtain a screening report, or if the landlord otherwise fails to follow the statute. The refund must be made promptly.

No separate 'application fee'

Oregon does not authorize a general application fee on top of the screening charge. Charging both - or charging a non-refundable application fee - violates ORS 90.295.

Portland FAIR overlay

Portland City Code 30.01.086 caps screening charges and imposes Low Barrier or modified screening criteria with strict timelines and recordkeeping. Within Portland, both state and city rules apply - the stricter controls.

Frequently asked

Source references

• ORS 90.295
• ORS 90.304
• Portland City Code 30.01.086

Related questions

• application fees
• pre lease disclosures
• rent increase rules

Workflow

Oregon Screening and Application Fees workflow