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The 90.320 law in Oregon outlines specific regulations regarding security deposits in rental agreements. This law specifies how landlords must handle security deposits, including the maximum amount that can be collected, and the conditions for returning the deposit after a tenant moves out. Understanding this law is essential for both landlords and tenants to ensure compliance and avoid disputes. For clarity and ease, utilizing the Oregon Addendum To Apartment Lease regarding Security Deposit can provide a structured approach for handling these requirements effectively.
Receipt Required Per O.R.S. § 90.300, prepaid or last month's rent should be held as a security deposit. If the landlord requests a new or increased security deposit after the first year of the tenancy, the tenant must be allowed at least three months to pay the new or increased amount, per O.R.S. A§ 90.300.
Unless the tenant and landlord agree otherwise, the tenant may not require the landlord to apply a last month's rent deposit to rent due for any period other than the last month of the tenancy. A last month's rent deposit does not limit the amount of rent charged unless a written rental agreement provides otherwise.
The landlord can adjust the security deposit against any arrears of rents or other charges as agreed under the tenancy agreement.
Oregon law defines normal wear and tear as any deterioration resulting from normal use. This doesn't include any damage that might have occurred due to an accident, carelessness, negligence, or abuse.
Landlords in Oregon can keep all or a portion of a tenant's security deposit for unpaid rent, damage in excess of normal wear and tear, and other breaches of a lease agreement. Rental agreements must specifically state which deductions can be taken from a security deposit.
Your landlord or agent is only entitled to keep all or part of your deposit if they can show that they have lost out financially because of your actions, for example, if you have caused damage to the property or you owe rent.
Normal Wear and Tear: PaintingPainting the walls is an owner's responsibility unless the walls were damaged by the tenants. If there's a big hole that requires sheetrock to repair it, then the tenants can be charged for that damage. But, scuff marks on the wall are normal, and so are small nail holes.
Oregon law defines normal wear and tear as any deterioration resulting from normal use. This doesn't include any damage that might have occurred due to an accident, carelessness, negligence, or abuse.
Oregon Rent RulesFor week-to-week tenancies, landlords can raise the rent after giving seven days' written notice. For all other tenancies, landlords cannot raise rent within the first year of a tenancy. After the first year of a tenancy, landlords must give 90 days' written notice before raising the rent.