Oregon Late Rent Fee Rules

What Oregon law says

• ORS 90.260: written agreement must specify the charge, amount and type, and due dates.
• Flat charge must be a reasonable amount, once per rental period.
• Per-day charge starts on day five and is capped at six percent of the flat charge.
• Percentage charge is five percent of periodic rent for each succeeding five-day period starting on day five.
• In periodic tenancies, the late charge type or amount can change with 30 days written notice.
• Nonpayment of a late charge alone is not grounds for a nonpayment termination under ORS 90.394.

Steps for a landlord

• Put the late charge terms in the written agreement.
• Do not charge until after the fourth day of the rental period.
• Choose one of the three statutory charge types.
• Do not base a nonpayment notice on the late fee alone.

What to put in the notice

• The lease clause that allows the late fee
• The rent due date and any grace period
• The late fee amount and the total now owed
• How and where the tenant can pay
• The date and your signature

Things to watch

• Check ORS 90.260 for current text; the legislature notes 2026 amendments.
• Consult an attorney for edge cases.
• Cities and counties can add their own rules, including rent control and extra notice requirements. Check your local rules too.

About this page

We checked this page against the official sources listed below in November 2026. Where an official page did not say something, we say so. Laws change and courts read them differently, so confirm the current rule with the statute, the court or a local attorney before you act. This is general information, not legal advice.