ORS § 90 § 90.255
Attorney fees.
Operative Text
In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prevailing party” means the party in whose favor final judgment is rendered.
Oregon Revised Statutes § 90.255 establishes that in any legal action involving a rental agreement or arising under Oregon's residential landlord-tenant law, the court may award reasonable attorney fees, costs, and necessary disbursements to whichever party ultimately wins the case—both at the trial level and on appeal. This applies regardless of any clause in the rental agreement that might otherwise limit or waive such fees. The 'prevailing party' is defined as the party in whose favor the final judgment is entered.
Plain English — not legal advice.
Under ORS § 90.255, property owners and managers should be aware that any clause in a lease attempting to waive or limit attorney fee awards is unenforceable in Oregon. Compliant operators generally factor this exposure into decisions about pursuing or defending litigation, understanding that a court may award the tenant's reasonable attorney fees if the tenant prevails. Maintaining thorough documentation and adhering to the requirements of ORS Chapter 90 are practices commonly associated with reducing litigation risk.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.255 means that if a tenant prevails in a court action involving a rental agreement or Oregon's landlord-tenant statutes, the court may award that tenant reasonable attorney fees and costs—even if the lease says otherwise. This provision can make it more feasible for tenants to find legal representation, since an attorney may be compensated if the case is won. Tenants who believe their rights under ORS Chapter 90 have been violated may wish to consult a tenant-rights organization or legal aid office to understand what options are generally available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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