Late fees / Oregon

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.

Cap
5% (tiered)
Set by statute
Grace period
4 days
No fee until rent is this late
Statute
$
Count from the day after rent was due.

Oregon late fee law in full

Maximum late fee at common rents

Applying 5% (tiered) once the 4-day grace period has passed.

Monthly rentMaximum 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

ORS 90.260; ORS 90.302(2)(a)

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

Related Oregon rules

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.

Late fee rules in other states