ORS § 90 § 90.297
Tenancy deposit to secure rental agreement; limitations; tenant rejection; remedy.
Operative Text
(1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit. (2) A landlord may charge a deposit to an applicant for the purpose of securing the execution of a rental agreement, only after approving the applicant’s application but prior to entering into a rental agreement. Before receiving the deposit, the landlord must give the applicant a written statement describing: (a) The amount of rent and the fees the landlord will charge and the deposits the landlord will require; (b) The terms of the agreement to execute a rental agreement; and (c) The conditions for refunding or retaining the deposit. (3) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due to the landlord under the rental agreement or refund the deposit immediately to the tenant. (4) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit, unless the applicant has rejected the agreement due to the discovery of material defects relating to the premise’s habitability, as described in ORS 90.320 (1). (5) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute or due to a tenant’s rejection of the agreement based on uninhabitability as described in subsection (4) of this section, within five business days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant. (6) If a landlord fails to comply with this section, the applicant or tenant may recover from the landlord: (a) The amount of any fee or deposit charged, as provided in subsection (5) of this section; and (b) If the repayment was not made timely under subsection (5) of this section, and the failure to repay was not due to an act of God, a penalty equal to the greater of the deposit or an amount agreed to by the parties.
ORS § 90.297 governs a specific type of deposit—sometimes called a 'tenancy deposit'—that a landlord may collect from an approved applicant before a rental agreement is signed. The deposit can only be charged after an application is approved, and the landlord must first provide a written statement detailing rent, fees, other required deposits, and the conditions under which the deposit will be refunded or kept. If a lease is ultimately signed, the deposit must be applied to amounts owed or returned immediately; if the deal falls through, who keeps the deposit depends on why the agreement was not executed.
Plain English — not legal advice.
Under ORS § 90.297, compliant operators collect a tenancy deposit only after approving an applicant and only after delivering a written disclosure that covers the rent amount, all fees and deposits, the terms of the agreement to execute, and the refund or retention conditions. If the rental agreement is signed, the deposit is either credited toward amounts the tenant owes or returned right away. If the agreement is not executed because the landlord failed to follow through—or because the applicant rejected it due to habitability defects as described in ORS 90.320(1)—the landlord returns the deposit within five business days, either by making it available at the customary place of business or by first-class mail.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.297 gives applicants the right to receive a written statement before any tenancy deposit is collected, and it limits when a landlord can keep that deposit if a lease is never signed. If a landlord fails to return the deposit within five business days when required—for example, after the landlord backed out or after the applicant rejected the unit due to habitability problems—the applicant or tenant may be entitled to recover the deposit amount plus a penalty equal to the greater of the deposit or an amount agreed to by the parties. Applicants who believe a landlord has violated ORS § 90.297 may consider consulting a tenant-rights organization or reviewing the complaint and small-claims options available in Oregon.
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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