Security Deposit Demand Letter — Oregon

SECURITY DEPOSIT DEMAND LETTER

STATE OF OREGON — OREGON RESIDENTIAL LANDLORD AND TENANT ACT

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[__/__/____]

[LANDLORD/PROPERTY MANAGER FULL NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, OR ZIP]

Re: FORMAL DEMAND — RETURN OF SECURITY DEPOSIT UNDER ORS 90.300
Former Tenant: [________________________________]
Rental Property Address: [________________________________]
Lease Commencement Date: [__/__/____]
Tenancy Termination Date: [__/__/____]
Possession Returned to Landlord: [__/__/____]
Total Deposits Held: $[____]

Dear [________________________________]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to comply with Oregon's security deposit statute, ORS 90.300. Oregon law imposes specific accounting and return obligations and may permit recovery equal to twice qualifying amounts withheld. This letter constitutes formal demand for the amount due, together with any attorney fees and costs the court may award.

I. OREGON LEGAL FRAMEWORK

A. Oregon Residential Landlord and Tenant Act — Governing Law

Residential security deposits in Oregon are governed primarily by the Oregon Residential Landlord and Tenant Act, ORS Chapter 90, with the principal deposit provisions in ORS 90.300.

B. Deposit Terms and Changes — ORS 90.300(3)-(5)

ORS 90.300 does not impose the former template's fixed 1.5-times-rent or two-times-rent deposit caps. A written rental agreement must list the required deposit. A landlord may not charge a pet security deposit for a service animal or companion animal required as a reasonable accommodation. The statute also limits when a landlord may require a new or increased deposit and generally requires at least three months to pay an increase imposed after the first year.

C. Oregon's Unique 31-Day Return Deadline — ORS 90.300(13)

Oregon's return deadline is 31 calendar days — not 30 days — after both of the following have occurred:

1. Termination of the rental agreement; AND
2. Delivery of possession by the tenant (i.e., return of keys or vacation of the unit)

Our Client terminated the tenancy effective [__/__/____] and returned possession (delivered keys) on [__/__/____]. The 31-day deadline therefore expired on [__/__/____]. You have failed to return the deposit or provide a written accounting within this period.

D. Written Accounting — ORS 90.300(12)-(14)

Within the 31-day period, the landlord must provide:

1. Return of the deposit, minus any permissible deductions; AND
2. A written, itemized accounting of all amounts withheld, specifying the nature and amount of each deduction

The accounting must state specifically the basis or bases of each claim. ORS 90.300(14) governs delivery of the accounting or refund; it does not create the receipt requirement stated in the former template. Under ORS 90.300(7)(b), a landlord need not complete a repair before claiming its cost, but assessed cleaning or repair labor must use a reasonable hourly rate.

E. Evidence of Condition

ORS 90.315 governs utility and service charges; it does not require a move-in condition checklist. Photos, videos, inspection reports, correspondence, and any voluntarily used checklist may still be relevant evidence when determining whether claimed damage was caused by the tenant or instead reflects pre-existing conditions or ordinary wear and tear.

F. Permissible Claims — ORS 90.300(7)

A landlord may only retain amounts from the security deposit for:

• Unpaid rent
• Defaults in the performance of the rental agreement, including unpaid rent
• Amounts reasonably necessary to repair tenant-caused damage, excluding ordinary wear and tear
• Qualifying carpet-cleaning or loss-of-use amounts only when the conditions in ORS 90.300(7) are met

G. Prohibited Deductions Under Oregon Law

The following claims are not supported by ORS 90.300(7):

• Ordinary wear and tear — deterioration from normal use over time; ORS 90.300 (tenant not liable)
• Pre-existing conditions — conditions not caused by the tenant
• Unreasonable cleaning or repair labor charges — ORS 90.300(7)(b) requires a reasonable hourly rate
• Amounts not reasonably necessary to remedy a rental-agreement default or repair tenant-caused damage

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Deposit Terms Analysis

☐ The written rental agreement lists the deposit amount.
☐ The landlord imposed a new or increased deposit during the tenancy; timing and payment terms require review under ORS 90.300(5).
☐ A pet deposit was charged for a service animal or companion animal required as a reasonable accommodation, contrary to ORS 90.300(4).

C. Move-Out Details

D. Condition of Premises at Move-Out

Our Client vacated the premises in the following condition:

☐ Clean and in good repair — left in substantially the same condition as at commencement of tenancy, ordinary wear and tear excepted

☐ Professionally cleaned — our Client retained [________________________________] on [__/__/____] (receipts enclosed)

☐ All personal property removed — no items left behind

☐ Photographic documentation — our Client has date-stamped photographs of the premises at both move-in and move-out

☐ Move-in condition record — our Client has a checklist, inspection report, photographs, or other evidence showing the unit's condition at commencement

III. LANDLORD'S VIOLATIONS

You have violated Oregon law in one or more of the following ways:

☐ Failure to Return Deposit Within 31 Days (ORS 90.300(13)): You did not return any portion of the security deposit within 31 days of tenancy termination and return of possession. The statutory deadline was [__/__/____].

☐ Failure to Provide Written Accounting (ORS 90.300(12)): You failed to provide a written accounting stating specifically the basis or bases of all amounts claimed within the 31-day statutory period.

☐ Unreasonable Cleaning or Repair Charge (ORS 90.300(7)(b)): You assessed cleaning or repair labor at an unreasonable hourly rate or claimed an amount not reasonably necessary to remedy a default or tenant-caused damage.

☐ Prohibited Service- or Companion-Animal Deposit (ORS 90.300(4)): You charged $[____] as a pet security deposit for an animal required as a reasonable accommodation.

☐ Improper Deductions — Ordinary Wear and Tear: You have deducted amounts for conditions constituting ordinary wear and tear, which are not permissible deductions under Oregon law. These include:

☐ Minor scuff marks or wall nicks from normal furniture use
☐ Small nail holes from hanging pictures
☐ Worn carpet in high-traffic areas from normal use
☐ Faded or lightly marked paint from ordinary occupation
☐ Worn fixture finishes from normal daily use
☐ Dust, minor dirt, or cleaning requiring standard turnover effort
☐ Other: [________________________________]

☐ Deductions for Pre-Existing Damage: You have deducted for conditions that existed before our Client's tenancy, as documented by [☐ move-in photos ☐ inspection records ☐ other evidence: ________________________________].

☐ Statutory Double-Recovery Condition: You failed to comply with ORS 90.300(13), withheld money without the accounting required by subsection (12), or withheld money in bad faith, triggering the remedy in ORS 90.300(16).

IV. DAMAGES AND REMEDIES UNDER ORS 90.300

A. Deposit Amount Due

B. Statutory Recovery — ORS 90.300(16)

ORS 90.300(16) permits recovery of the money due in an amount equal to twice the amount withheld without the required accounting or withheld in bad faith. It also applies when the landlord fails to comply with subsection (13). The statutory two-times amount includes the underlying money due and should not be added to a separate return of the same deposit.

C. Attorney's Fees — ORS 90.255

Under ORS 90.255, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements. If suit is required, our Client will request any award authorized by the court.

D. Total Demand

V. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence:

☐ Original lease agreement
☐ Security deposit receipt or cancelled check
☐ Move-in condition checklist, inspection report, or other condition evidence
☐ Move-out condition inspection report
☐ Photographs of premises at move-in (date-stamped)
☐ Photographs of premises at move-out (date-stamped)
☐ Video walkthrough at move-out
☐ Written notice to vacate with proof of delivery
☐ Proof of forwarding address delivery to landlord
☐ Professional cleaning receipts
☐ Correspondence with landlord regarding the deposit
☐ Landlord's itemized statement (if any)
☐ Utility final bills through move-out
☐ Witness statements regarding condition of premises
☐ Other: [________________________________]

VI. DEMAND

We hereby demand that you, within fourteen (14) calendar days of the date of this letter:

1. Pay the amount due under ORS 90.300: $[____], calculated as [☐ the net deposit due ☐ the two-times recovery authorized by ORS 90.300(16), inclusive of the underlying amount];

2. Pay attorney's fees and costs requested to date: $[____], subject to agreement or court award;

3. Total payment: $[____]

Payment must be made by certified check or money order, payable to [TENANT NAME], delivered to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, OR ZIP]
Reference: [________________________________] — Security Deposit

VII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand, we are authorized and prepared to:

1. File Suit in Oregon Circuit Court (or the small claims department for an eligible claim within its jurisdiction) for the applicable ORS 90.300 recovery and any attorney fees and costs the court may award under ORS 90.255.

2. Seek the ORS 90.300(16) Recovery: Establish failure to comply with subsection (13), withholding without the subsection (12) accounting, or bad-faith withholding.

3. Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to ORS 90.255. The fee award alone, in the event you lose, will substantially exceed the deposit amount.

4. Report to Oregon Department of Justice: Report your conduct to the Oregon DOJ Consumer Protection Section at 503-378-4732 or www.doj.state.or.us.

5. Report to Local Housing Authority: Report the violation to the applicable local housing authority, including Portland Housing Bureau if the property is in Portland.

6. Enforce Judgment: Upon obtaining judgment, pursue all lawful collection remedies including wage garnishment, bank levy, and judgment lien on real property.

VIII. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, including claims under ORS Chapter 90, ORS 646.605 (Oregon Unlawful Trade Practices Act), and federal law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or engaging in subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Oregon State Bar No. [____]
[ADDRESS]
[CITY, OR ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
☐ Copy of lease agreement
☐ Security deposit receipt
☐ Move-in condition checklist, inspection report, or other condition evidence
☐ Move-in and move-out photographs
☐ Professional cleaning receipts
☐ Notice to vacate with proof of delivery
☐ Forwarding address notification
☐ Landlord's itemized statement (if received)
☐ Authorization to represent

cc:

• [TENANT NAME]
• [PROPERTY MANAGEMENT COMPANY, if applicable]
• [PROPERTY OWNER, if different from addressee]
• [CLIENT FILE]

OREGON SECURITY DEPOSIT QUICK REFERENCE

OREGON-SPECIFIC LEGAL NOTES

31-Day Deadline is Unique: Oregon's 31-day return period (ORS 90.300(13)) is one calendar day longer than the 30-day deadline used by many states. This is not a typo — the statute specifically says 31 days.

No Fixed Rent-Multiple Cap: ORS 90.300 does not impose the 1.5-times-rent or two-times-rent caps formerly stated in this template. Subsection (4) instead prohibits a pet security deposit for a qualifying service or companion animal.

Condition Evidence Is Fact-Specific: Oregon law does not create the former template's ORS 90.315 checklist mandate. Use available photos, videos, inspection records, correspondence, and any voluntary checklist to evaluate whether damage was tenant-caused.

Two-Times Recovery Uses Statutory Conditions: ORS 90.300(16) turns on subsection (13) noncompliance, withholding without the required accounting, or bad-faith withholding—not a generic willfulness label.

SOURCES AND REFERENCES

• ORS 90.300 — Security Deposits: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS 90.255 — Attorney Fees: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS 90.302 — Authorized fees and remedies: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• Oregon DOJ Landlord-Tenant Law Guide: https://www.doj.state.or.us/consumer-protection/housing/
• Oregon Law Help — Security Deposits: https://oregonlawhelp.org/resource/security-deposits
• Portland Renter Protections: https://www.portland.gov/phb/rental-services

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Oregon attorney before use.