Oregon tenant screening and landlord-tenant law

Oregon does not set a flat dollar cap on screening fees; instead, the charge may not exceed the landlord's average actual cost of screening or the customary amount charged by screening companies for comparable screening (ORS 90.295(2)). A landlord must refund the charge within 30 days if the unit is filled before screening the applicant, or if no screening was conducted and the applicant withdraws in writing. An applicant may recover twice the screening charge plus $250 if the landlord fails to comply with these rules or fails to timely refund it.

Oregon restricts criminal-history screening by statute, not just agency guidance. Under ORS 90.303, a landlord may only consider arrests that resulted in a conviction or a still-pending, non-diverted charge, and only for specific categories (drug crimes other than marijuana possession, person crimes, sex offenses, financial-fraud crimes, or other crimes tied to safety or property risk). Landlords may not consider medical marijuana card status. Before denying based on criminal history, ORS 90.304(5) requires an individualized assessment — including time elapsed and the applicant's age at the time of the incident — rather than a blanket policy; failing to follow this process can expose a landlord to a $100 statutory penalty.

Source of income — including Section 8 and other federal, state, or local housing assistance — is a protected class statewide under ORS 659A.421. Landlords generally may not refuse to rent, charge different terms, or otherwise discriminate based on an applicant's source of income. This protection has narrow, statute-specified exceptions: a landlord may still decline an applicant based on documented past conduct or based on inability to pay rent (properly accounting for the value of any rental assistance), provided that refusal is otherwise consistent with fair housing law.

FCRA's federal adverse-action baseline still applies in Oregon, but the state adds its own, broader denial-notice requirement: under ORS 90.304, a landlord that denies an application after applying its screening criteria must generally provide a written statement of one or more reasons within 14 days — regardless of whether the denial was based on a consumer report — along with the name and address of any screening company or credit reporting agency used and any applicable appeal rights.

Oregon does not cap the security deposit amount by statute (ORS 90.300). A landlord generally may not raise or newly impose a security deposit during the first year of tenancy (with narrow exceptions, such as adding a deposit for a newly permitted pet), and after the first year must give the tenant at least three months to pay any new or increased deposit. No interest is required on deposits. When a tenancy ends, the landlord must give the tenant a written, itemized accounting within 31 days of termination and delivery of possession, and return any amount not properly claimed within that same 31-day window; withholding funds in bad faith, or without the required written accounting, can make the landlord liable for twice the improperly withheld amount.

Oregon caps most annual rent increases statewide. Under ORS 90.323 and ORS 90.324, a landlord generally may not raise rent during the first year of a tenancy, may raise it no more than once every 12 months, must give 90 days' written notice (7 days for week-to-week tenancies), and — for most buildings 15 years or older — may not raise rent by more than the lesser of 10% or 7% plus the annual change in the West Region Consumer Price Index, a figure the Oregon Department of Administrative Services recalculates and publishes by September 30 each year; buildings with a certificate of occupancy issued less than 15 years before the increase are exempt from that percentage cap. Oregon also has a statewide just-cause eviction framework: under ORS 90.427, a landlord generally may end a month-to-month tenancy without cause only during the first year of occupancy (with 30 days' notice); after the first year, ending the tenancy generally requires a qualifying "for cause" reason (such as nonpayment, lease violation, or certain landlord-use reasons like demolition, safety-related renovation, or the owner or immediate family moving in) with notice of 90 days for most qualifying landlord reasons, plus a payment equal to one month's rent to the tenant in many cases (landlords with four or fewer units are exempt from that payment requirement).

Portland layers additional protections on top of the state framework described above, including a relocation-assistance requirement tied to no-cause terminations and large rent increases; Oregon courts have confirmed that ORS 90.427 does not preempt this kind of local relocation-assistance ordinance (Owen v. City of Portland, 305 Or App 267 (2020), aff'd on other grounds, 368 Or 661 (2021)). Landlords should confirm Portland's current dollar figures and exact ordinance sections directly with the City of Portland Housing Bureau before relying on specific numbers. Eugene, Salem, and Beaverton may have additional tenant-screening or source-of-income requirements; confirm current city code before finalizing a screening policy.

Oregon organizes local government through counties, not townships. ORS Chapter 90 and ORS 659A.421 apply statewide, including in unincorporated county areas, so the state-level rules on this page are the floor everywhere in Oregon. Confirm any county-level landlord-tenant or tenant-screening requirements, as well as any applicable city-level requirements, including Portland's, before relying on state law alone.

Is source of income a protected class in Oregon? Yes. Oregon protects source of income, including housing vouchers, statewide under ORS 659A.421, with narrow exceptions tied to documented past conduct or a genuine inability to pay rent.

Does Oregon cap rent increases? Yes, for most tenancies and most buildings 15 years or older: rent generally can't be raised more than once every 12 months, requires 90 days' notice, and is capped at the lesser of 10% or 7% plus the West Region CPI change, recalculated annually by the state.

Can an Oregon landlord use criminal history to deny an applicant? Only within limits set by ORS 90.303 and 90.304 — criminal history use is restricted to specific crime categories tied to convictions or active pending charges, and the landlord must do an individualized assessment and provide a written statement of reasons before denying on that basis.

Does Oregon cap tenant screening fees? Not with a flat dollar amount — the charge is capped at the landlord's actual average screening cost or the customary charge for comparable screening, and must be refunded in certain situations, such as when the unit is filled before screening occurs.

Checkr helps Oregon landlords and property managers navigate the state's detailed screening and disclosure requirements, from FCRA-compliant reports to Oregon's individualized-assessment and denial-notice rules. Get started with Checkr to build a compliant screening workflow.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.