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.
| The fee can be | Limit |
|---|---|
| The fee can beA flat amount, once per rental period | LimitReasonable for that rental market |
| The fee can beA daily charge from the fifth day | LimitNot more than six percent of that reasonable flat amount a day, through that rental period |
| The fee can beA percentage | LimitFive percent of the periodic rent for each five-day period, or part of one, from the fifth day |
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.
Sources for this section (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.