How can I recover a residential security deposit my Oregon landlord is withholding?
Under Oregon law, a landlord may hold a security deposit but may only claim from it amounts reasonably necessary to cover unpaid rent or repair tenant-caused damage. A landlord must provide a receipt when the tenant pays a security deposit, and the person holding the landlord’s interest when the tenancy ends is responsible for the deposit. If a landlord retains deposit money without an allowed reason, tenants commonly pursue informal demand letters, administrative complaints, or suits in court to try to recover the funds.
Courts have applied these rules to disputes over whether a deposit may be treated as rent and to defenses like claims of uninhabitable conditions. Whether a tenant recovers money, and how much, depends on the rental agreement, the landlord’s documented reasons for deductions, and the facts the parties can prove in court.
Current Oregon law
Every answer cites the statute
Free with a CiteLaw account
Get this handled for free in CiteLaw
Create a free CiteLaw account and run the Get Your Security Deposit Back workflow in our AI Navigator. It asks a few questions about your situation, then prepares a demand letter to your landlord and small-claims filing prep, grounded in the exact Oregon law below.
Why CiteLaw instead of ChatGPT or Claude?
Real law, not guesses. Grounded in the actual Oregon statutes and cases below, verified against CiteLaw's corpus. General chatbots can cite statutes and cases that do not exist.
A workflow for your exact problem. The curated Get Your Security Deposit Back workflow walks you through your situation and prepares a demand letter to your landlord and small-claims filing prep, not a generic wall of text.
A premium AI built for the law. Purpose-built to retrieve real legal authorities and apply them to any set of facts, not a general chatbot answering law questions on the side.
Free with a CiteLaw account. Takes about 3 minutes. Oregon is already selected for you.
What Oregon law says
The Oregon Residential Landlord and Tenant Act generally permits a landlord to require and hold a security deposit, and requires the landlord to give a receipt when the tenant pays the deposit, under Or. Rev. Stat. § 90.300. That statute also limits landlord claims on the deposit to amounts reasonably necessary to remedy tenant defaults (including unpaid rent) and to repair tenant-caused damage, under Or. Rev. Stat. § 90.300. Oregon case law discusses how courts evaluate whether retained deposit amounts are allowable deductions and what factual proof a non-moving party must present in response to a summary-judgment motion, see Cascade Management, Inc. v. Rodriguez, 345 Or. App. 288 (Or. Ct. App. 2025) and related precedents such as Napolski v. Champney, 295 Or. 408 (Or. 1983). Other statutes address limited related topics, such as use of deposits in foreclosure situations, see Or. Rev. Stat. § 90.367, and possible court orders diverting certain security-deposit funds for child support under Or. Rev. Stat. § 25.715.
What to do
A common first step is to send a written demand to the landlord asking for the deposit and any accounting of deductions.
A common option is to gather lease, payment receipts, move-in/move-out photos, and any repair invoices to document your position.
A common next step is to request a copy of the landlord’s records supporting any deductions and to try to resolve the dispute informally or through mediation.
A common next step is to consider filing a claim in small claims court if informal resolution fails, bringing documentation of the deposit and deductions.
A common option when foreclosure or other special circumstances exist is to review statutes that permit applying or restoring deposits, such as the rules in Or. Rev. Stat. § 90.367.
Let CiteLaw do this for you
Skip the manual work. The free Get Your Security Deposit Back workflow walks these steps for you and prepares a demand letter to your landlord and small-claims filing prep, grounded in Oregon law. Run it now in the AI Navigator →
Common questions
What can a landlord legally deduct from a security deposit?
Under the statute, a landlord may claim from the deposit amounts reasonably necessary to remedy tenant defaults under the rental agreement, including unpaid rent, and to repair damage caused by the tenant, see Or. Rev. Stat. § 90.300.
Must a landlord give a receipt when I pay a deposit?
Yes, the landlord must provide a receipt when the tenant pays a security deposit, under Or. Rev. Stat. § 90.300.
Can I use my deposit to cover rent if the property is in foreclosure?
A tenant who receives actual notice of foreclosure may apply the security deposit or prepaid rent to the tenant’s obligation to the landlord if the tenant notifies the landlord in writing, see Or. Rev. Stat. § 90.367.
What if my landlord keeps my applicant deposit after I do not sign a lease?
If a rental agreement is not executed and the landlord failed to comply with the agreement to execute, the landlord must return the applicant deposit within five business days by making it available or mailing it, under Or. Rev. Stat. § 90.297.
Every legal statement on this page links to the primary source, verified against CiteLaw's corpus. This page updates automatically when the law changes.
Ready to solve this?
Run the Get Your Security Deposit Back workflow free in CiteLaw's AI Navigator and get a demand letter to your landlord and small-claims filing prep prepared for you. All you need is a free CiteLaw account.
This page provides legal information about Oregon law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
