2011 ORS § 90.302¹
Fees allowed for certain landlord expenses
  • accounting not required

(1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement.

(2) A landlord may charge a tenant a fee for each occurrence of the following:

(a) A late rent payment, pursuant to ORS 90.260 (Late rent payment charge or fee).

(b) A dishonored check, pursuant to ORS 30.701 (Actions against maker of dishonored check) (5). The amount of the fee may not exceed the amount described in ORS 30.701 (Actions against maker of dishonored check) (5) plus any amount that a bank has charged the landlord for processing the dishonored check.

(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (Tenant duties) (2).

(d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530 (Pets in facilities).

(e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (Termination by tenant who is victim of domestic violence, sexual assault or stalking) (2), 90.472 (Termination by tenant called into active state service by Governor) or 90.475 (Termination by tenant due to service with Armed Forces). If the landlord assesses a fee under this paragraph:

(A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;

(B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and

(C) ORS 90.410 (Effect of tenant failure to give notice of absence) (3) does not apply to the abandonment or relinquishment.

(f) Noncompliance with written rules or policies. The fee may not exceed $50. A fee may be assessed under this paragraph only for the following types of noncompliance:

(A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315 (Utility or service payments).

(B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.

(C) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit.

(D) Parking violations.

(E) The improper use of vehicles within the premises.

(3) A landlord may not be required to account for or return to the tenant any fee.

(4) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant any form of liquidated damages, however designated.

(5) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of rental agreement for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of rental agreement by landlord for cause) or 90.630 (Termination by landlord) (1).

(6) This section does not apply to:

(a) Attorney fees awarded pursuant to ORS 90.255 (Attorney fees);

(b) Applicant screening charges paid pursuant to ORS 90.295 (Applicant screening charge); or

(c) Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18; 2009 c.431 §13; 2009 c.591 §11]