Oregon Rent Late Fee Calculator
Calculate rent late fees and verify compliance with Oregon state regulations. Free instant calculator with legal compliance verification.
Oregon provides comprehensive statutory guidance on rent late fees through ORS 90.260, part of the Oregon Residential Landlord and Tenant Act. The law establishes a mandatory 4-day grace period and offers landlords three distinct calculation methods for assessing late fees, balancing flexibility with strong tenant protections.(ORS 90.260)
Oregon law requires a mandatory 4-day grace period before any late fee can be charged. This grace period cannot be waived, shortened, or eliminated through lease provisions. If rent is due on the 1st of the month, landlords cannot assess late fees until the 5th day or later. This provides tenants essential protection against accidental late payments, mail delays, and temporary cash flow issues.
Primary statute governing late fees. Establishes 4-day grace period, three calculation methods, and restrictions on enforcement.
ORS 90.260 gives landlords three distinct options for calculating late fees. Landlords must choose ONE method per lease and cannot combine methods or switch between them during a rental period.
Option 1: Reasonable Flat Fee - Charge a 'reasonable flat amount' once per rental period. While Oregon statute does not define a specific dollar cap, the fee must be customary for the rental market and related to actual costs. Common flat fees range from $50 to $100.
Option 2: Daily Fee (6% Cap) - Charge a daily late fee starting on the 5th day, but the daily amount cannot exceed 6% of the reasonable flat fee. Example: If reasonable flat fee is $60, maximum daily fee is $3.60 (6% of $60).
Option 3: Five-Day Period Fee (5% of Rent) - Charge 5% of monthly rent once every 5-day period starting on the 5th day. This creates a stepped fee structure that increases every 5 days until rent is paid.
Required Elements in Lease Agreement:
- Tenant's obligation to pay late charges
- Specific type of late fee method (flat fee, daily, or 5-day period)
- Exact amount or percentage of the late fee
- When rent is due each month
- When late charges become due (after the 4-day grace period)
Portland
Portland follows state ORS 90.260 for late fees (4-day grace period, three calculation methods). The city has adopted stronger renter protections in areas like security deposits, relocation assistance, and screening fees, but does not alter late fee rules.
Learn moreEugene
Eugene enforces state late fee statutes without modification. The city emphasizes landlord education and tenant rights awareness but does not impose stricter late fee caps.
Salem, Bend, and Other Cities
All Oregon municipalities must comply with state ORS 90.260. Local ordinances cannot shorten the 4-day grace period or impose stricter late fee limits than state law.
ORS 90.260 Remains Stable
Oregon's late fee statute has remained stable through recent legislative sessions. The 2025 Edition of Oregon Revised Statutes will reflect any updates from the 2024 session, though no significant changes to ORS 90.260 are anticipated. Courts continue to strictly enforce the 4-day grace period and bad faith damages for violations.
Washington
No statutory cap, reasonableness standard only (less protective than Oregon)
California
10% cap on late fees, no mandatory grace period (different structure)
Idaho
No cap, reasonableness standard (less protective)
Nevada
5% cap or $60, whichever is greater (similar protection level)
Landlord Best Practices:
- •Choose one calculation method: Select flat fee, daily, or 5-day period method and stick with it
- •Keep fees reasonable: Even without a hard cap, avoid excessive fees that could be challenged
- •Document in writing: Include detailed late fee clause in every lease agreement
- •Respect the 4-day grace period: Never assess fees before the 5th day after rent is due
- •Apply payments correctly: Credit rent first, then late fees, to avoid manufactured defaults
- •Send late notices: Notify tenants promptly when late fees are assessed
- •Track payment history: Maintain records showing when rent was received and fees applied
- •Consider tenant communication: Work with tenants facing temporary hardship before imposing fees
Tenant Best Practices:
- •Review lease carefully: Understand which late fee method your landlord uses
- •Know your 4-day grace period: You have until the 5th day after rent is due
- •Document all payments: Keep bank records, receipts, and proof of payment
- •Pay rent separately from late fees: If disputing fees, pay rent in full to avoid eviction risk
- •Challenge unlawful fees immediately: Dispute in writing citing ORS 90.260
- •Request itemized accounting: Ask landlord to explain how late fees were calculated
- •Communicate proactively: Contact landlord before rent is late if facing temporary issues
- •Seek legal help: Contact Oregon Law Center or local legal aid for assistance with disputes
Oregon Law Center
Provides free legal representation and advice for low-income tenants facing housing disputes
Oregon State Bar - Lawyer Referral Service
Helps connect tenants and landlords with qualified attorneys for landlord-tenant matters
Oregon Housing and Community Services
State agency offering rental assistance programs and tenant education resources
Community Alliance of Tenants
Nonprofit advocacy organization providing education, counseling, and organizing for Oregon renters
Frequently Asked Questions - Oregon
4-day grace period. Three fee options: (1) Flat 'reasonable' fee; (2) Daily fee up to 6% of flat fee; (3) 5% of monthly rent every 5 days. Must be in written rental agreement. ORS 90.260.
View Official State Law →Updated October 2025