Portland, Oregon Security Deposit: Which Rule Applies and Your Next Step

The Portland ordinance text reviewed here does not change the return deadline: Oregon law gives 31 days (ORS 90.300). The city adds a deposit cap (PCC 30.01.087.A.1-3). Check whether the ordinance covers your rental, then enter your dates and deposit below for a state law calculation and a letter.

State law vs Portland ordinance

RuleOregon state lawPortland ordinance
Return deadline31 calendar days after the tenancy terminates and the tenant delivers possession to the landlord. 31 calendar days after the earliest of waiver of abandoned-property process, removal of the dwelling/home from the space, storage/disposition under ORS 90.425/90.675, or sale under those statutes. security deposit or prepaid rent secures a tenancy for a space for a manufactured dwelling or floating home the tenant owns and occupies, and the dwelling or home is abandoned.No separate return deadline in the ordinance text reviewed here
Deposit capNo statewide statutory maximum under ORS 90.300. Local limits may apply (e.g., City of Portland code caps). Landlord may not charge pet security deposit for service/companion animals required as reasonable accommodation.If last month's rent is required, additional security deposit may not exceed one-half of one month's rent. If last month's rent is not required, security deposit may not exceed one month's rent. Conditional screening approval may add another one-half month, payable in installments over up to three months. (PCC 30.01.087.A.1-3)
InterestNoIf the segregated account is interest-bearing, interest accrues for the tenant and must be paid with unused deposit, minus an optional 5% administrative deduction from the interest. Annual account receipt on tenant request, no more than once per year. (PCC 30.01.087.B.1)
Penaltytenant may recover twice the amount withheld without a written accounting, or twice the amount withheld in bad faith. Bad faith required: No.Landlord who fails to comply is liable for up to $250 per violation plus actual damages, reasonable attorney fees and costs. (PCC 30.01.087.G)
ItemizationRequiredWritten accounting and refund per ORS 90.300; itemize repair/replacement of fixtures listed in the rental agreement; photograph visual damage; document labor charges over $200; contemporaneous notice of rights. (PCC 30.01.087.B.2, D.3, E)
Who it coversSee state statute and conditions aboveRental agreements for a dwelling unit covered by the Oregon Residential Landlord and Tenant Act (the Act), as used in PCC Ch. 30.01.

Download this table (CSV)

Source: Portland City Code 30.01.087 - Security Deposits; Pre-paid Rent · Checked: · Release: 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

ORS 90.300 · Portland City Code 30.01.087 - Security Deposits; Pre-paid Rent

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Details of the return rules
Oregon statutory deadlines
When it appliesDeadlineStarts from
Deposit return31 daysafter the tenancy terminates and the tenant delivers possession to the landlord
security deposit or prepaid rent secures a tenancy for a space for a manufactured dwelling or floating home the tenant owns and occupies, and the dwelling or home is abandoned31 daysafter the earliest of waiver of abandoned-property process, removal of the dwelling/home from the space, storage/disposition under ORS 90.425/90.675, or sale under those statutes

Oregon return rule: 31 calendar days. Check the dates you entered above.

What Portland adds to your claim

  • deposit cap: If last month's rent is required, additional security deposit may not exceed one-half of one month's rent. If last month's rent is not required, security deposit may not exceed one month's rent. Conditional screening approval may add another one-half month, payable in installments over up to three months. (PCC 30.01.087.A.1-3)
  • interest: If the segregated account is interest-bearing, interest accrues for the tenant and must be paid with unused deposit, minus an optional 5% administrative deduction from the interest. Annual account receipt on tenant request, no more than once per year. (PCC 30.01.087.B.1)
  • penalty: Landlord who fails to comply is liable for up to $250 per violation plus actual damages, reasonable attorney fees and costs. (PCC 30.01.087.G)
  • itemization: Written accounting and refund per ORS 90.300; itemize repair/replacement of fixtures listed in the rental agreement; photograph visual damage; document labor charges over $200; contemporaneous notice of rights. (PCC 30.01.087.B.2, D.3, E)

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
Multnomah CountyMultnomah County Circuit Court - Small Claims, Portland$10,000 (statewide small claims department only)Statewide filing fee: $57 for claims of $2,500 or less; $102 for claims over $2,500 through $10,000YesOfficial court website
Court page check not recorded

See the Multnomah County county filing page

Statute says

If a landlord does not require last month’s rent, a landlord may not collect more than an amount equal to one month’s rent as a security deposit. If a landlord requires, as a condition of tenancy, a security deposit that includes last month’s rent, a landlord may not collect as an additional part of the security deposit more than an amount equal to one-half of one month’s rent.

Portland City Code 30.01.087 - Security Deposits; Pre-paid Rent

What this means

Portland caps how much can be collected as a security deposit (one month, or one-half month if last month's rent is also taken, plus an extra half-month on conditional screening approval payable over up to three months), requires segregated bank holding, limits what may be withheld, and requires condition reports, photos, and a notice of rights.

Source accessed: .

FAQ

Does Portland set a separate deposit return deadline?

The ordinance text reviewed here sets no separate return deadline. See the Oregon deadline and its conditions above.

What else does the Portland ordinance require?

Portland caps how much can be collected as a security deposit (one month, or one-half month if last month's rent is also taken, plus an extra half-month on conditional screening approval payable over up to three months), requires segregated bank holding, limits what may be withheld, and requires condition reports, photos, and a notice of rights.

Does the ordinance cover my rental?

Rental agreements for a dwelling unit covered by the Oregon Residential Landlord and Tenant Act (the Act), as used in PCC Ch. 30.01.

What's next?

Previous page summary

Portland caps how much can be collected as a security deposit (one month, or one-half month if last month's rent is also taken, plus an extra half-month on conditional screening approval payable over up to three months), requires segregated bank holding, limits what may be withheld, and requires condition reports, photos, and a notice of rights.