p o r t l a n d l a n d l o r d -t e n a n t l aw l a n d l o r d c h e c k l i s t Allowable Amounts Have Questions? The maximum allowable amount that can At Move In If you are a landlord or tenant with be charged for a security deposit depends questions or concerns about the Security In rental agreement, provide itemized list of all Security Deposits on whether or not a landlord requires Deposit Ordinance, or seeking general landlord-provided fixtures, appliances, equipment, or pre-payment of last month’s rent. guidance, contact PHB's Rental Services Understand new Portland limits on the personal property; include description, condition, and Office. Call, email, or stop by during amounts collected as security deposits, Is pre-payment of last month’s rent required? replacement cost. helpdesk hours. how to account for these funds, the § Yes. A security deposit can be no In rental agreement, provide name and address of the banking institution where security deposit and/or types of repairs that can and can't be more than half of one month’s rent. Rental Services Office Helpdesk pre-payment of last month’s rent will be held. covered, and how to record the condition § No. A security deposit can be no phone 503-823-1303 Within two weeks of receiving funds, deposit funds more than one month’s rent. and determine the value of property. into a separate holding account. email [email protected]
Provide Condition Report form to tenant at move-in. online portland.gov/rso Example A last month's rent required If tenant does not complete and submit the Condition walk-in 421 SW 6th Avenue, Suite 500 One-Month’s Rent $ 1,200 Report within seven days, complete the report and Portland, Oregon 97204 provide to tenant by 17th day of tenancy with digital Last Month’s Rent $ 1,200 photographs. hours Mondays, Wednesdays & Fridays Security Deposit (max) $ 600 9-11:00am and 1-4:00pm During Tenancy TOTAL $ 3,000 If security deposit funds are applied to costs of repair or replacement, provide written accounting or receipt Staff at the Rental Services Office will provide last month's rent not required Example B to tenant within 30 days. information about city laws and policy, and referrals to other resources and information. One-Month’s Rent $ 1,200 Update Condition Report to reflect all repairs and replacements impacting unit during term of rental However, they cannot offer legal advice or Last Month’s Rent $ 0 agreement, and provide updated Condition Report to tell a person what to do in a situation. Security Deposit (max) $ 1,200 tenant. TOTAL $ 2,400 Upon Termination Administrative Rules Within five days of receiving or giving notice of lease Full Administrative Rules for Portland City termination, provide to tenant a written accounting In Case of Conditional Approval of their rent payment history (up to two years) with a Code 30.01.087 can be found at: If a landlord is accepting an application fully completed Rental History form. portland.gov/rso/security-deposits upon conditional approval1, an Within one week following termination date, conduct additional security deposit up to half Final Inspection with tenant. Give tenant at least 24 All city requirements are in addition to of one month's rent may be required hours notice of scheduled inspection. ! state requirements; see ORS 90.300. in either example scenario above. Any remaining security deposit funds and accrued If requested by tenant, the additional interest should be refunded to tenant no later than 31 days following termination of tenancy. amount may be paid in installments over a period of up to three months. Include info about written notice of rights regarding security deposits and written accounting in 1 See Portland City Code 30.01.086. accordance with ORS 90.300 (12). published November 2019 What Costs Can the How is Move-In and Move-Out Condition Determined? How Should Security Security Deposit Cover? Deposits Be Held? The tenant’s Condition Report establishes the baseline condition of the unit at move-in, against which § Security seposits and pre-payments of last Allowable the landlord should assess any repair or replacement needs that are identified in theFinal Inspection. month’s rent must be kept in an account Unresolved disputes regarding condition of the unit should be resolved in favor of tenant. separate from landlord funds. This can be a Repair and replacement of fixtures, appliances, checking, savings, money market, or client 1 At Move In 3 Upon Termination equipment, or personal property itemized in the trust account. rental agreement, if malfunction or damage is Landlord must provide a Condition Report Within five days of receiving or giving § Landlord must deposit funds within two due to Tenant act or omission form to tenant, noting (a) the condition of all notice of lease termination, landlord should weeks of receiving them. Landlord must fixtures, appliances, equipment, and personal provide tenant with written accounting of provide bank institution’s name and address Actual costs, reasonably incurred, to repair unit property listed in the rental agreement, their payment history (up to two years) with in rental agreement. to its condition at beginning of lease (b) the condition of the leased premises, a fully completed Rental History form. § If tenant requests, landlord must provide and (c) notes of any exisiting damage. Within one week following termination date, receipt of account and interest earned (no Tenant has seven days from beginning Landlord should conduct a Final Inspection more than once per year). Not Allowable of lease to complete and submit and walk-through of the unit with tenant the Condition Report to landlord, (or tenant representative) to document any § If interest is accrued, it must be paid to Routine maintenance noting any other damage to unit. damage beyond ordinary wear and tear tenant when deposit is refunded. Landlord may deduct up to 5% of accrued interest for If tenant does not complete and submit that is not noted in the Condition Report. Ordinary wear and tear administrative costs. a Condition Report within the first seven Tenant may choose to be present for Replacement of appliances or fixtures that days of tenancy, landlord should then the Final Inspection. Landlord must give failed or sustained damage not caused by complete, and provide to tenant, a Condition tenant notice of inspection date and How Much Can Be Tenant act or omission Report that includes digital photos of the time at least 24 hours in advance. Charged for Repairs? premises by the 17th day of tenancy. Landlord should prepare an itemized For the security deposit to cover Landlord- Repair or replacement of pre-existing description of any repair, matching the provided fixtures, appliances, equipment, damage or malfunctioning appliances, 2 During Tenancy itemization in the rental agreement. or personal property, these items must be fixtures, equipment, or property as noted in the Landlord should update the Condition Report Landlord should document any visual itemized in the rental agreement, along with required move-in Condition Report to reflect all repairs and replacements damage in excess of normal wear and a description, condition, and full replacement impacting the unit during the term of tear with photos, and provide this to cost. For each itemization, value should Any cost that is reimbursed by Landlord’s the rental agreement, and provide the tenant, along with written accounting be assigned in accordance with the City property or comprehensive general liability updated Condition Report to tenant. in accordance with ORS 90.300 (12). of Portland's Depreciation Schedule. This insurance, or by warranty value should be taken into account when Cleaning or repairing floors (unless caused by charging for repairs. A landlord may provide use in excess of ordinary wear and tear, and documentation, reasonable to the tenant, Find Documents & Forms Online Failure to Comply limited to costs associated with the impacted demonstrating why different calculations are area only) A landlord that fails to comply with any of these justified.If landlord charges tenant for labor Find the Rental History Form, the City of requirements is liable to tenant for an amount of costs greater than $200, landlord must provide Interior painting (unless repairing specific Portland’s Depreciation Schedule, and more at: two times the full security deposit, and attorney documentation demonstrating that costs are damage caused by tenant) portland.gov/rso/security-deposits fees and costs. Additional damages under ORS reasonable and consistent with typical rates in 90.300 may apply. the metropolitan region.