Security Deposits and Fees

The following language may be included in a letter to your landlord if you do not receive your security deposit or accounting within the time allowed by law.

According to the Oregon Residential Landlord-Tenant Act, if the landlord has not returned all of the tenant's deposit or a written accounting for the full amount withheld within 31 days of termination of the tenancy, he is liable for twice the amount withheld without accounting. ORS 90.300(6), (10), (11), (12), (13).

ORS [90.300] (14) provides that a tenant may recover twice the security deposit or prepaid rent if the landlord does not return it within 31 days from the termination of the tenancy and the redelivery of possession, unless the landlord claims part or all of the deposit within that period. The statute is unambiguous and absolute...The amount due does not depend on the tenant's damages or lack of damages. The obvious purpose of the statute is to encourage landlords to fulfill their statutory duties by establishing an automatic penalty for their failure to do so." Beckett v. Olson, 75 OR APP 610, 613-14, 707 P2d 1243 (1985). (Emphasis Added.)

If you do receive a written accounting, and you wish to contest any amounts the landlord may have deducted from your security deposit, call Legal Services for an appointment.

This information is not intended to provide legal advice. Any incidental fee-paying University of Oregon student who has questions about landlord/tenant issues may call ASUO Legal Services at 541-346-4273 to arrange an appointment.

Information disseminated in this website does not constitute legal advice and does not create an attorney/client relationship. This page is for information purposes only. For legal advice, contact an attorney licensed in your state.