Oregon Revised Statutes Chapter 90 § 90.302 — Fees

Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies. (1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement. (2) A landlord may charge a tenant a fee for each occurrence of the following: (a) A late rent payment, pursuant to ORS 90.260. (b) A dishonored check, pursuant to ORS 30.701 (5). The amount of the fee may not exceed the amount described in ORS 30.701 (5) plus any amount that a bank has charged the landlord for processing the dishonored check. (c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 or under ORS 105.836 to 105.842 and 476.725. (d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530. (e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (2), 90.472 or 90.475. If the landlord assesses a fee under this paragraph: (A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment; (B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and (C) ORS 90.410 (3) does not apply to the abandonment or relinquishment. (3)(a) A landlord may charge a tenant a fee under this subsection for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice described in subparagraph (A) of this paragraph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance. The landlord: (A) Shall give a tenant a written warning notice that describes: (i) A specific noncompliance before charging a fee for a second or subsequent noncompliance for the same or similar conduct; and (ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance, that occurs within one year after the warning notice. (B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice. (C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent noncompliance within 30 days after the act constituting noncompliance. (D) May terminate a tenancy for a noncompliance consistent with this chapter instead of assessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same noncompliance. (E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period. (b) A landlord may charge a tenant a fee for occurrences of noncompliance with written rules or policies as provided in paragraph (a) of this subsection for the following types of noncompliance: (A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315. (B) Failure to clean up pet waste from a part of the premises other than the dwelling unit. (C) Failure to clean up the waste of a service animal or a companion animal from a part of the premises other than the dwelling unit. (D) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit. (E) Parking violations. (F) The improper use of vehicles within the premises. (G) Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 24 hours after the required warning notice to the tenant. (H) Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405. The fee for a second or any subsequent noncompliance under this subparagraph may n