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In Oregon is it legal to charge nonrefundable pet deposits? I'm confused about fees versus deposits.

Glendale, OR |
Filed under: Landlord-tenant

Recently I have been informed by two people that Oregon has made it illegal to charge nonrefundable pet deposits, but fees are okay to charge if pet agreement is violated. In the past a nonrefundable pet deposit has been charged due to the additional wear and tear on the property due to pet(s) and also the additional cleaning required after a pet tenant has moved out. How do I legally handle pet security deposits versus fees, and can they be set up as nonrefundable?

Attorney Answers 2


I'd encourage you to review the text of the statutes themselves, which can be found at ORS 90.295 - 90.302. (See link, below.)

If you've got specific questions about the ways in which you might structure a rental agreement with a tenant, you would be well advised to retain an attorney who can advise you on all the current ins and outs of landlord/tenant law, including the differences between deposits and fees and the most effective and advantageous ways to operate a rental and protect your property while renting to tenants with pets.

If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially representing you with regards to your legal matter, please click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.

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Non-refundable deposits are no longer allowed in Oregon. Fees are also strictly regulated. I advise you to consult an attorney.

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