Can I deduct for ordinary wear and tear in Oregon?
No. ORS 90.300 only allows deductions for damage beyond normal wear. Faded paint, minor carpet wear, and small nail holes are not deductible.
ORS 90.300 - Oregon Security Deposit Deductions
Short answer
Under ORS 90.300, an Oregon landlord may deduct unpaid rent, the reasonable cost of repairing tenant-caused damage beyond normal wear and tear, unpaid charges owed under the lease, and reasonable cleaning to return the unit to move-in condition. The landlord must return the balance plus a written, itemized accounting within 31 days after the tenant gives up possession - or face damages up to twice the amount wrongfully withheld.
Allowed deductions under ORS 90.300
Unpaid rent, unpaid utility or service charges the tenant owes under the lease, the reasonable cost of repairing damage caused by the tenant (or their guests or pets) beyond ordinary wear and tear, and cleaning costs needed to restore the unit to the condition at move-in less normal wear. Any other charge must trace to a written term in the rental agreement.
Normal wear and tear is not deductible
Oregon courts distinguish damage from ordinary wear. Faded paint after years of occupancy, minor carpet wear in walkways, small nail holes from hanging pictures, and lightly worn appliance finishes typically count as normal wear and cannot be charged. Cigarette burns, pet stains, large holes, broken fixtures, and abnormal filth are damage.
Accounting and the 31-day deadline
ORS 90.300(13) requires the landlord to deliver the remaining deposit and a written accounting of any deductions within 31 calendar days after the tenant gives up possession. Each charge should be described separately with an amount and a reason. Receipts and invoices strengthen the accounting.
Penalty for late or wrongful withholding
Under ORS 90.300(16), a landlord who fails to comply may be liable for up to twice the amount wrongfully withheld, plus attorney fees. Bad-faith withholding strengthens that exposure. Missing the deadline by even a few days can wipe out otherwise-valid deductions.
Documentation that protects landlords
Move-in and move-out condition reports signed by the tenant, dated photos at both ends of the tenancy, repair invoices from licensed contractors, and cleaning receipts are the strongest evidence supporting a deduction if challenged.
Related statutes to check
ORS 90.302 (fees), ORS 90.295 (screening charges), ORS 90.297 (holding deposits), and ORS 90.453 (deposits for victims of domestic violence) interact with ORS 90.300 in specific situations.
Frequently asked
What is the penalty for missing the 31-day deadline?
ORS 90.300(16) allows the tenant to recover up to twice the amount wrongfully withheld, plus attorney fees.
Can I deduct cleaning costs?
Yes, for cleaning needed to restore the unit to the condition at move-in less normal wear. Keep receipts and itemize hours if cleaning is done in-house.
Does the 31-day clock start at lease end or move-out?
It starts when the tenant gives up possession - usually when keys are returned and the unit is vacated - not the lease end date if those differ.
Can I use the deposit for the last month's rent?
Only if the tenant is in arrears and you account for it. A deposit is not the same as prepaid rent.
Do pet deposits follow the same rules?
Yes. Pet deposits are security deposits under ORS 90.300 and follow the same 31-day accounting and deduction rules.
Source references
- ORS 90.300
- ORS 90.302
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Propsistant provides general landlord-tenant information from selected statutes and official sources. It is not a law firm, does not provide legal advice, does not create an attorney-client relationship, and is not a substitute for a licensed attorney in your jurisdiction.