Oregon Security Deposit Deductions
In Oregon, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 31 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Oregon record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | The landlord may claim only the amount reasonably necessary to remedy the tenant’s defaults including unpaid rent, and to repair damages caused by the tenant, not including ordinary wear and tear. Labor for cleaning or repairs must be at a reasonable hourly rate. Carpet cleaning other than a common vacuum is authorized only if machine-shampooed, the carpet was cleaned or replaced after the previous tenancy, and the written rental agreement provides that the landlord may deduct carpet cleaning regardless of whether the tenant cleans the carpet. (ORS 90.300(7)) |
| Carpet replacement | Conditional | Replacement is tenant-caused damage, ordinary wear and tear excluded. Carpet cleaning (not replacement) has a specific three-part statutory test. No useful-life schedule. (ORS 90.300(7)) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (ORS 90.300). (ORS 90.300) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (ORS 90.300). (ORS 90.300) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (ORS 90.300). (ORS 90.300) |
| Unpaid rent and fees | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (ORS 90.300). (ORS 90.300) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 31 days |
| Receipts required | No |
| Rule | ORS 90.300 requires return of the deposit or an accounting after termination; the commonly applied deadline in current ORS 90.300 is 31 days after termination (confirm current subsection numbering). Labor costs must be at a reasonable hourly rate. Failure to return as required can yield twice the amount wrongfully withheld in related utility-shutoff sections; 90.300 itself has a double-damages remedy for wrongful withholding. |
| Citation | ORS 90.300 |
Burden of proof
No standalone burden-of-proof sentence in the fetched 90.300 text. A landlord is not required to actually complete the repair in order to claim the cost. Labor must be at a reasonable hourly rate.
Statute says
The landlord may claim from the security deposit only the amount reasonably necessary: (A) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and (B)
What this means
Source accessed: .
If it was deducted anyway
Use the Oregon demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Oregon template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Oregon law (ORS 90.300), a landlord must return the deposit or send a written, itemized list of deductions within 31 calendar days after the tenancy terminates and the tenant delivers possession to the landlord.
FAQ
What security deposit deductions are allowed in Oregon?
Only the uses in the supplied Oregon record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Oregon landlord have to itemize deductions?
Yes. ORS 90.300 requires return of the deposit or an accounting after termination; the commonly applied deadline in current ORS 90.300 is 31 days after termination (confirm current subsection numbering). Labor costs must be at a reasonable hourly rate. Failure to return as required can yield twice the amount wrongfully withheld in related utility-shutoff sections; 90.300 itself has a double-damages remedy for wrongful withholding.
Who has the burden of proof for a Oregon deduction?
No standalone burden-of-proof sentence in the fetched 90.300 text. A landlord is not required to actually complete the repair in order to claim the cost. Labor must be at a reasonable hourly rate.