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Late Fees

ORS 90.260 — nothing before the fourth day, and only as the written lease says

A landlord may charge a late fee only if the rent is not received by the fourth day of the rental period, and a written rental agreement states the obligation, the type and amount of the fee, and when rent and late fees are due.

  • ORS 90.260
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The fee can beLimit
The fee can beA flat amount, once per rental periodLimitReasonable for that rental market
The fee can beA daily charge from the fifth dayLimitNot more than six percent of that reasonable flat amount a day, through that rental period
The fee can beA percentageLimitFive percent of the periodic rent for each five-day period, or part of one, from the fifth day
  • ORS 90.260

A landlord may not take an old late fee out of a new rent payment to make it short. Not paying a late fee alone is not grounds for a nonpayment eviction. In a periodic tenancy, changing the fee takes 30 days' written notice.

  • ORS 90.260
Sources for this section (1)
  1. ORS 90.260 — Late rent payment charge or fee

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.

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