Oregon late rent fee: the legal maximum
Oregon caps late fees on a sliding scale, generally 5% of the monthly rent. Rent must be at least 4 days late before any fee may be charged.
Maximum late fee at common rents
Applying 5% (tiered) once the 4-day grace period has passed.
| Monthly rent | Maximum fee |
|---|---|
| $1,000.00 | $50.00 |
| $1,500.00 | $75.00 |
| $2,000.00 | $100.00 |
| $3,000.00 | $150.00 |
What the statute says
Late charge allowed only if rent is not received by the 4th day of the rental period and the written agreement specifies it. Amount may not exceed one of: (a) a reasonable flat fee charged once per period (the customary market amount); (b) a reasonable per-day fee starting the 5th day, capped at 6% of the reasonable flat fee per day; or (c) 5% of the periodic rent per 5-day period (or part) of delinquency, starting the 5th day. Nonpayment of a late fee alone cannot support a nonpayment eviction.
How this applies in practice
- A late fee must be written into the lease. The statute caps what the lease may say; it does not create a fee on its own.
- Rent is not "late" for fee purposes until 4 days after the due date. A fee charged earlier is unenforceable.
- Any amount above the cap cannot be collected or deducted from the deposit, and in several states charging an unlawful fee exposes the landlord to damages.
- Late fees are separate from interest on unpaid rent and from eviction filing costs, which have their own rules.
Related Oregon rules
- Pay-or-quit notice: 10 days. Notice periods in Oregon.
- Security deposit: No statutory limit; returned Written accounting and refund within 31 days after the tenancy terminates and the tenant delivers possession. Deposit rules in Oregon.
- All rules on one page: Oregon landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in Oregon?
5% (tiered). Late charge allowed only if rent is not received by the 4th day of the rental period and the written agreement specifies it. Amount may not exceed one of: (a) a reasonable flat fee charged once per period (the customary market amount); (b) a reasonable per-day fee starting the 5th day, capped at 6% of the reasonable flat fee per day; or (c) 5% of the periodic rent per 5-day period (or part) of delinquency, starting the 5th day. Nonpayment of a late fee alone cannot support a nonpayment eviction.
Is there a grace period for rent in Oregon?
Yes. State law requires rent to be 4 days late before a late fee can be charged, regardless of what the lease says.
Can a Oregon landlord charge a daily late fee?
Only if the total stays within the statutory cap (5% (tiered)). A daily fee that accumulates past the cap is unenforceable above it.
Can a landlord charge a late fee that is not in the lease in Oregon?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Oregon the statutory cap applies on top of whatever the lease says.