Oregon Security Deposit Demand Letter
In Oregon a landlord must return your security deposit, or a written accounting of any deductions, within 31 days after you move out. A landlord who withholds it wrongfully can owe twice that amount. Attorney review available.
Introduction
A security deposit demand letter is a written demand an Oregon tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Oregon the landlord must return the deposit, or give the tenant a written accounting that states the basis of any deductions, no later than 31 days after the tenancy terminates and the tenant delivers possession (ORS 90.300(12), (13)). A landlord may claim from the deposit only the amount reasonably necessary to remedy the tenant's defaults, including unpaid rent, and to repair damage to the premises caused by the tenant, not counting ordinary wear and tear (ORS 90.300(7)(a)). If the landlord withholds the deposit without the required written accounting or in bad faith, the tenant may recover an amount equal to twice the amount wrongfully withheld (ORS 90.300(16)). If the demand is ignored, an Oregon tenant can sue in small claims court, where a claim may be up to $10,000 (ORS 46.405), and the deadline to sue on a written lease is six years (ORS 12.080). DocDraft builds your Oregon security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand an Oregon tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
The landlord must return the deposit, or give the tenant a written accounting stating the basis of any deductions, no later than 31 days after the tenancy terminates and the tenant delivers possession (ORS 90.300(12), (13)).
- 3
A landlord may claim from the deposit only the amount reasonably necessary to remedy the tenant's defaults, including unpaid rent, and to repair damage to the premises caused by the tenant (ORS 90.300(7)(a)).
- 4
The landlord may not charge the deposit for ordinary wear and tear, which is excluded from the damage a landlord may repair at the tenant's expense (ORS 90.300(7)(a)(B)).
- 5
A landlord may not require a tenant to pay or forfeit a security deposit or prepaid rent for failing to keep a tenancy for a minimum number of months (ORS 90.300(8)).
- 6
If the landlord withholds the deposit without the required written accounting or in bad faith, the tenant may recover an amount equal to twice the amount wrongfully withheld (ORS 90.300(16)).
- 7
If the demand is ignored, an Oregon tenant can sue in small claims court for up to $10,000 (ORS 46.405); the deadline to sue on a written lease is six years (ORS 12.080).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Oregon, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Oregon Requirements for Security Deposit Demand Letter
31-Day Return or Written Accounting
In Oregon the landlord must return the deposit, or give the tenant a written accounting stating the basis of any deductions, no later than 31 days after the tenancy terminates and the tenant delivers possession (ORS 90.300(12), (13)). Your demand letter should state that this deadline has passed.
Written Accounting of Deductions
Where an Oregon landlord claims all or part of the deposit, the landlord must give the tenant a written accounting that states specifically the basis of the claim, within the same 31 days (ORS 90.300(12)). A landlord who keeps money without providing that accounting is exposed to the twice-the-amount recovery under ORS 90.300(16).
Permitted Deductions
An Oregon landlord may claim from the deposit only the amount reasonably necessary to remedy the tenant's defaults under the rental agreement, including unpaid rent, and to repair damage to the premises caused by the tenant (ORS 90.300(7)(a)). Deductions outside these categories can be disputed.
No Deduction for Ordinary Wear and Tear
The landlord may not charge the deposit for ordinary wear and tear, which is excluded from the damage a landlord may repair at the tenant's expense (ORS 90.300(7)(a)(B)). Charges for the normal aging of the unit, such as worn carpet or faded paint, are improper.
No Forfeiture for Failing to Stay a Minimum Term
An Oregon landlord may not require a tenant to pay or forfeit a security deposit or prepaid rent for failing to keep a tenancy for a minimum number of months (ORS 90.300(8)). A lease clause forcing that kind of forfeiture does not bar your claim for the deposit.
Twice the Amount Wrongfully Withheld
If the landlord withholds the deposit without the written accounting the statute requires, or withholds it in bad faith, an Oregon tenant may recover an amount equal to twice the amount wrongfully withheld (ORS 90.300(16)). The penalty turns on the landlord's noncompliance or bad faith, so it is not automatic in every dispute.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address using a trackable method such as certified mail with return receipt, and give your forwarding address so payment can reach you. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, an Oregon tenant may bring a small claims action for up to $10,000 (ORS 46.405). The deadline to sue on a written lease is six years (ORS 12.080), though filing promptly after the demand is the practical course.