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?
Every state sets a deadline for returning your security deposit, with real penalties for landlords who miss it. See what Oregon law requires and what your landlord may owe you.
Oregon deposit lawCommon 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.
Statute text verified against the published source on August 6, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.