Fees allowed for certain landlord expenses
- • accounting not required
(1) Except as specifically provided otherwise in this chapter, a landlord may require the payment of a fee, if the fee is related to and designated as being charged for a specific reasonably anticipated landlord expense. A landlord shall provide a receipt for the fee, and the receipt or a written rental agreement shall describe the anticipated landlord expense to be covered by the fee and describe the landlord’s duties under subsection (4) of this section.
(2) Except as provided in subsection (3) of this section, a landlord may not charge a fee more than once, at the beginning of or during the tenancy.
(3) A landlord may charge a fee more than once, at the beginning of or during the tenancy, for:
(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);
(c) Removal or tampering with a properly functioning smoke alarm or smoke detector, as provided in ORS 90.325 (Tenant duties) (7), if a written rental agreement provides for a fee for that removal or tampering; and
(d) Any other noncompliance by the tenant with a written rental agreement that provides for a fee for that noncompliance, provided that the fee may not be excessive.
(4) A landlord may not be required to account for or return to the tenant any fee. Upon termination of a tenancy and delivery of possession, a landlord shall first apply any fee to the related landlord expense as reasonably assessed against the tenant, before applying the tenant’s security deposit, if any, to that expense.
(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 attorney fees awarded pursuant to ORS 90.255 (Attorney fees) or to applicant screening charges paid pursuant to ORS 90.295 (Applicant screening charge). [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.