ORS 90.302
Fees allowed for certain landlord expenses

  • accounting not required
  • fees for noncompliance with written rules
  • tenant remedies

(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). The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 (Penalties) or under ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725) to 105.842 (Tampering with carbon monoxide alarm) and 476.725 (Statewide standards for residential carbon monoxide alarms).

(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 or commissioned corps of National Oceanic and Atmospheric Administration). 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.

(3)

Intentionally left blank —Ed.

(a)

A landlord may charge a tenant a fee under this subsection for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice described in subparagraph (A) of this paragraph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance. The landlord:

(A)

Shall give a tenant a written warning notice that describes:
(i)
A specific noncompliance before charging a fee for a second or subsequent noncompliance for the same or similar conduct; and
(ii)
The amount of the fee for a second noncompliance, and for any subsequent noncompliance, that occurs within one year after the warning notice.

(B)

Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice.

(C)

Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent noncompliance within 30 days after the act constituting noncompliance.

(D)

May terminate a tenancy for a noncompliance consistent with this chapter instead of assessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same noncompliance.

(E)

May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period.

(b)

A landlord may charge a tenant a fee for occurrences of noncompliance with written rules or policies as provided in paragraph (a) of this subsection 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 the waste of a service animal or a companion animal from a part of the premises other than the dwelling unit.

(D)

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

(E)

Parking violations.

(F)

The improper use of vehicles within the premises.

(G)

Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 24 hours after the required warning notice to the tenant.

(H)

Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405 (Effect of tenant keeping unpermitted pet). The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 48 hours after the required warning notice to the tenant.

(4)

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

(5)

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

(6)

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

(7)

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 charges);

(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, including the cost to replace a key lost by a tenant;

(d)

Processing fees charged to the landlord by a credit card company and passed through to the tenant for the use of a credit card by the tenant to make a payment when:

(A)

The credit card company allows processing fees to be passed through to the credit card holder; and

(B)

The landlord allows the tenant to pay in cash or by check;

(e)

A requirement by a landlord in a written rental agreement that a tenant obtain and maintain renter’s liability insurance pursuant to ORS 90.222 (Renter’s liability insurance); or

(f)

Assessments, as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) and 100.005 (Definitions), for a dwelling unit that is within a homeowners association organized under ORS 94.625 (Formation of homeowners association) or an association of unit owners organized under ORS 100.405 (Association of unit owners), respectively, if:

(A)

The assessments are imposed by the association on a landlord who owns a dwelling unit within the association and the landlord passes the assessments through to a tenant of the unit;

(B)

The assessments are imposed by the association on any person for expenses related to moving into or out of a unit located within the association;

(C)

The landlord sets forth the assessment requirement in the written rental agreement at the commencement of the tenancy; and

(D)

The landlord gives a copy of the assessment the landlord receives from the association to the tenant before or at the time the landlord charges the tenant.

(8)

If a landlord charges a tenant a fee in violation of this section, the tenant may recover twice the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees described in subsection (2) of this section.

(9)

The landlord may unilaterally amend a rental agreement for a facility subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) to impose fees authorized by subsection (3) of this section upon a 90-day written notice to the tenant, except that a marina landlord may not impose a noncompliance fee for parking under subsection (3)(b)(E) of this section. [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; 2013 c.294 §8; 2015 c.388 §3; 2016 c.53 §4; 2019 c.625 §37]

Source: Section 90.302 — Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

Notes of Decisions

Because money was not charged by “landlord” in “rental agreement,” term in lease and purchase option contract that referred to $5,000 “nonrefundable move in fee” was not illegal “fee” for purposes of this section. Charter v. Kearney (In re Colen), 516 B.R. 618 (Bkrtcy. D. Or. 2014)

90.100
Definitions
90.105
Short title
90.110
Exclusions from application of this chapter
90.112
Maximum occupancy limit
90.113
Additional exclusion from application of chapter
90.115
Territorial application
90.120
Applicability of other statutory lien, tenancy and rent provisions
90.125
Administration of remedies
90.130
Obligation of good faith
90.135
Unconscionability
90.140
Types of payments landlord may require or accept
90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
90.147
Delivery of possession
90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
90.150
Service or delivery of actual notice
90.155
Service or delivery of written notice
90.160
Calculation of notice periods
90.220
Terms and conditions of rental agreement
90.222
Renter’s liability insurance
90.228
Notice of location in 100-year flood plain
90.230
Rental agreements for occupancy of recreational vehicle in park
90.243
Qualifications for drug and alcohol free housing
90.245
Prohibited provisions in rental agreements
90.250
Receipt of rent without obligation to maintain premises prohibited
90.255
Attorney fees
90.260
Late rent payment charge or fee
90.262
Use and occupancy rules and regulations
90.263
Vehicle tags
90.265
Interest in alternative energy device installed by tenant
90.275
Temporary occupancy agreement
90.295
Applicant screening charges
90.297
Prohibition on charging deposit or fee to enter rental agreement
90.300
Security deposits
90.302
Fees allowed for certain landlord expenses
90.303
Evaluation of applicant
90.304
Statement of reasons for denial
90.305
Disclosure of certain matters
90.310
Disclosure of legal proceedings
90.315
Utility or service payments
90.316
Carbon monoxide alarm
90.317
Repair or replacement of carbon monoxide alarm
90.318
Criteria for landlord provision of certain recycling services
90.320
Landlord to maintain premises in habitable condition
90.322
Landlord or agent access to premises
90.323
Maximum rent increase
90.324
Calculation of maximum rent increase
90.325
Tenant duties
90.340
Occupancy of premises as dwelling unit only
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
90.365
Failure of landlord to supply essential services
90.367
Application of security deposit or prepaid rent after notice of foreclosure
90.368
Repair of minor habitability defect
90.370
Tenant counterclaims in action by landlord for possession or rent
90.375
Effect of unlawful ouster or exclusion
90.380
Effect of rental of dwelling in violation of building or housing codes
90.385
Retaliatory conduct by landlord
90.390
Discrimination against tenant or applicant
90.391
Information to veterans required in notice
90.392
Termination of tenancy for cause
90.394
Termination of tenancy for failure to pay rent
90.396
Acts or omissions justifying termination 24 hours after notice
90.398
Termination of tenancy for drug or alcohol violations
90.401
Remedies available to landlord
90.403
Taking possession of premises from unauthorized possessor
90.405
Effect of tenant keeping unpermitted pet
90.410
Effect of tenant failure to give notice of absence
90.412
Waiver of termination of tenancy
90.414
Acts not constituting waiver of termination of tenancy
90.417
Duty to pay rent
90.420
Enforceability of landlord liens
90.425
Disposition of personal property abandoned by tenant
90.427
Termination of tenancy without tenant cause
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850
90.430
Claims for possession, rent, damages after termination of rental agreement
90.435
Limitation on recovery of possession of premises
90.440
Termination of tenancy in group recovery home
90.445
Termination of tenant committing criminal act of physical violence
90.449
Landlord discrimination against victim
90.453
Termination by tenant who is victim of domestic violence, sexual assault or stalking
90.456
Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking
90.459
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking
90.460
Alternate exit from bedroom required
90.462
Electric vehicle charging stations
90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation
90.472
Termination by tenant called into active state service by Governor
90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
90.485
Restrictions on landlord removal of vehicle
90.490
Prohibited acts in anticipation of notice of conversion to condominium
90.493
Prohibited acts following notice of conversion to condominium
90.505
Definitions for ORS 90.505 to 90.850
90.510
Statement of policy
90.512
Definitions for ORS 90.514 and 90.518
90.514
Disclosure to prospective tenant of improvements required under rental agreement
90.516
Model statement for disclosure of improvements required under rental agreement
90.518
Provider statement of estimated cost of improvements
90.525
Unreasonable conditions of rental or occupancy prohibited
90.527
Renter’s liability insurance in park
90.528
Use of common areas or facilities
90.530
Pets in facilities
90.545
Fixed term tenancy expiration
90.550
Permissible forms of tenancy
90.555
Subleasing agreements
90.560
Definitions for ORS 90.560 to 90.584
90.562
Utility and service charges
90.564
Charge for cable, satellite or Internet
90.566
Conversion to direct billing for garbage service
90.568
Pro rata billing
90.570
Public service charge pro rata apportionment
90.572
Submeter billing
90.574
Conversion to submeter or pro rata billing for water
90.576
Legislative findings
90.578
Conversion to submeter or direct billing for large parks
90.580
Entry to read submeter
90.584
Park specific billing for water
90.600
Increases in rent
90.605
Persons authorized to receive notice and demands on landlord’s behalf
90.610
Notice of proposed change in rule or regulation
90.620
Termination by tenant
90.630
Termination by landlord
90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home
90.634
Prohibition against lien for rent
90.640
Park damaged by natural disaster
90.643
Conversion of park to planned community subdivision of manufactured dwellings
90.645
Closure of park
90.650
Notice of tax provisions to tenants of closing park
90.655
Park closure notice to nontenants
90.660
Local regulation of park closures
90.671
Closure of marina
90.675
Disposition of manufactured dwelling or floating home left in facility
90.680
Sale of dwelling or home on rented space
90.710
Causes of action
90.720
Action to enjoin violation of ORS 90.750 or 90.755
90.725
Landlord or agent access to rented space
90.727
Maintenance of trees in rented spaces
90.729
Temporary movement of floating home
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
90.732
Landlord registration
90.734
Manager or owner continuing education requirements
90.736
Civil penalties
90.738
Enforcement of registration and education requirements
90.740
Tenant obligations
90.750
Right to assemble or canvass in facility
90.755
Right to speak on political issues
90.765
Prohibitions on retaliatory conduct by landlord
90.767
Mandatory mediation
90.769
Informal dispute resolution
90.771
Confidentiality of information regarding disputes
90.775
Rules
90.800
Policy
90.840
Park purchase funds, loans
90.842
Notice of sale of facility
90.844
Procedures for purchase of facility by tenants
90.846
Notices and processes in facility transfer
90.848
Exceptions to facility transfer requirements
90.849
Notice of conveyance
90.850
Owner affidavit certifying compliance with requirements for sale of facility
90.860
Definitions for ORS 90.865 to 90.875
90.865
Dealer notice of rent payments and financing
90.870
Manner of giving notice
90.875
Remedy for failure to give notice
Green check means up to date. Up to date