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

Asked over 2 years ago - Glendale, OR

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)

  1. James Baldock

    Contributor Level 8

    2

    Lawyers agree

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

  2. Kevin Elliott Parks

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

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