Rent late fee law in Oregon

The rule in Oregon

Oregon does not set one dollar cap. ORS 90.260 allows a reasonable flat fee, or the daily or 5-day alternatives in the statute, and measures a flat fee by “the customary amount charged by landlords for that rental market”.

On timing: “The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable.” In short, only if rent is not received by the fourth day of the rental period.

Because no amount is fixed here, there is no dollar ceiling to compute. The 4-day wait is 7th longest among the 8 verified states that state a waiting period; Massachusetts waits 30 days, Maine waits 15 days and Delaware waits 5 days. For comparison, 10 verified states do fix a limit, from $50 to $150 on $1,500 rent.

Dated example: for a monthly period that starts on December 1, 2026 with rent due that day, the 4th day of the period is December 4, 2026; rent received by then carries no late fee under this rule.

Neighbouring states with a verified rule: Nevada (5% of the periodic rent, 3-day wait) and Washington (no amount set in the section read, 5-day wait).

ORS 90.260(2) offers three forms of late charge: a reasonable flat fee once per period, a daily fee from the fifth day of up to six percent of that flat fee, or five percent of the periodic rent for each five days the rent stays unpaid. A written rental agreement must set out the fee.

Related Oregon rules: a security deposit is due back within 31 days of the end (deposit rules); disputes over fees go to small claims up to $10,000 (small claims).

Source: Oregon State Legislature, ORS chapter 90 · last checked October 21, 2026.

Reading a lease against the statute

A late fee needs a basis in the rental agreement, and the statute sets the outer limit. The guide on rent late-fee limits works the verified caps through the same rents side by side.