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.
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.
Open the Security Deposit Demand Letter guideCustomize your Security Deposit Demand Letter Template with DocDraft
Oregon Requirements for Security Deposit Demand Letter
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.
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).
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.
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.
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.
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 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.
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.
Frequently Asked Questions
It is a written demand an Oregon tenant sends a former landlord to recover a security deposit the landlord did not return within the 31 days that ORS 90.300(12) and (13) allow. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court, and it can note that withholding without the required written accounting or in bad faith exposes the landlord to twice the amount wrongfully withheld under ORS 90.300(16).
An Oregon security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where a claim may be up to $10,000 (ORS 46.405). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle before suing.
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)). The clock runs from when the tenancy ends and you hand back possession. If 31 days pass with no deposit and no written accounting, a demand letter is the usual next step before small claims court.
When a 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)). Citing this in your demand letter signals to the landlord that keeping the deposit improperly can cost far more than the deposit itself. The penalty turns on the landlord's noncompliance or bad faith, so it is not automatic in every dispute.
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, not including ordinary wear and tear (ORS 90.300(7)(a)). Charges for normal aging of the unit, or for conditions the tenant did not cause, fall outside these categories and can be disputed in your demand letter.
Yes. 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 after the tenancy terminates and the tenant delivers possession (ORS 90.300(12)). A landlord who keeps money without providing that written accounting is exposed to twice the amount wrongfully withheld under ORS 90.300(16), which your demand letter can point out.
A claim in an Oregon small claims proceeding may be up to $10,000 (ORS 46.405). A deposit claim can include the withheld deposit plus, where the landlord withheld it without the required accounting or in bad faith, twice the amount wrongfully withheld under ORS 90.300(16). The deadline to sue on a written lease is six years (ORS 12.080), though sending your demand letter and filing promptly is the practical approach.
An Oregon demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 31-day deadline under ORS 90.300(12) and (13) has passed with no deposit and no written accounting. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the twice-the-amount recovery under ORS 90.300(16) reinforces the demand.