Oregon rent late fee law
What your landlord is allowed to charge when rent is late, how soon they can charge it, and what to do about a fee the law doesn't allow.
Maximum late fee
Regulated structures only
Grace period
4 days
The cap
Under ORS 90.260, Oregon allows exactly three late-charge structures, which the lease must choose between: a reasonable one-time flat amount (benchmarked to local market custom), a reasonable per-day charge capped at 6% of that flat amount, or 5% of the periodic rent charged once per five-day period the rent goes unpaid. A landlord may not deduct a prior late charge from a current rent payment, and nonpayment of a late charge alone is not nonpayment of rent for eviction purposes.
When the fee can start
A late charge may be imposed only if rent is not received by the fourth day of the rental period. The rental agreement must state the tenant's late-charge obligation, the type and amount of the charge, and when it becomes due.
If you've been charged an illegal fee
A charge outside the permitted structures, imposed during the grace period, or not specified in the rental agreement is not authorized by the statute and is unenforceable — demand its withdrawal or refund.
Charged a fee the law doesn't allow?
Answer a few questions and get a formal demand letter citing ORS 90.260 and exactly which rule your landlord broke — free to generate and download. We can also send it by USPS Certified Mail for you, with the delivery record that holds up in court.
Dispute my late feeDid your landlord also keep your security deposit?
Oregon landlords have 31 days to return your deposit after you move out — and real penalties apply when they don't. Generate a formal demand letter citing Or. Rev. Stat. § 90.300, and we can send it certified mail for you.
Demand my deposit backCommon questions
- Is there a limit on late fees for rent in Oregon?
- Yes. Under ORS 90.260, Oregon allows exactly three late-charge structures, which the lease must choose between: a reasonable one-time flat amount (benchmarked to local market custom), a reasonable per-day charge capped at 6% of that flat amount, or 5% of the periodic rent charged once per five-day period the rent goes unpaid. A landlord may not deduct a prior late charge from a current rent payment, and nonpayment of a late charge alone is not nonpayment of rent for eviction purposes.
- Can my landlord charge a late fee the day rent is due in Oregon?
- No. A late charge may be imposed only if rent is not received by the fourth day of the rental period.
- What can I do if my landlord charged an illegal late fee in Oregon?
- A charge outside the permitted structures, imposed during the grace period, or not specified in the rental agreement is not authorized by the statute and is unenforceable — demand its withdrawal or refund.
Other Oregon tenant rights
Landlords who get one of these wrong often get another wrong too.
Late fee laws in other states
These rules change at the state line. Every page is checked against that state's own published statute.
How this page was checked
- Read from the source. Every deadline, cap and penalty here was taken from the legislature's published text — the statute, session law or administrative code itself.
- No legal-information websites. Commercial summaries were used only to find a provision, never as authority for it. An automated check fails our build if any state we serve cites a secondary source.
- Locked against drift. The verified figures are pinned by regression tests, so a later edit cannot quietly change a deadline or a penalty.
- Last verified August 14, 2026. Laws change — confirm the current text before relying on it.
General information, not legal advice. We are not a law firm.
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