Pet deposit and pet fee law in Oregon: what ORS 90.300 and 90.302 allow
Oregon is one of the few states that speaks directly to pet deposits. ORS 90.300(4) says a landlord may not charge a pet security deposit for a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation, and subsection (5) allows an extra deposit when the lease is modified to permit a pet. ORS 90.302 bars a start-of-tenancy fee for an anticipated expense and lists the few fees allowed.
When can an Oregon landlord take a pet security deposit?
Section 90.300(5)(a) says that, subject to subsection (4), a landlord may not change a rental agreement during the first year to require a new or increased security deposit, but may require an additional deposit if landlord and tenant agree to modify the terms to permit a pet or for other cause and the additional deposit relates to the modification. In plain terms, a pet that arrives after move-in can carry its own deposit if the parties sign a modification. An initial deposit that the original lease provided for but that stayed unpaid can still be collected.
Subsection (4) is the carve-out: a landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws. The same fair housing principle appears in the federal regulation, 24 CFR 100.204, whose first example is a no-pets building that must admit a seeing eye dog.
What pet fees does ORS 90.302 allow?
Section 90.302(1) says a landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require any fee except as the section provides. A fee must be described in a written rental agreement. That rules out a flat, upfront, nonrefundable pet fee labeled as cleaning in advance. What the section allows are fees for specific occurrences: among them, under (2)(d), a fee for the violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530.
Subsection (3)(a) allows a fee for a second or later noncompliance with certain rules, including failing to clean up pet waste outside the dwelling unit, and keeping an unauthorized pet capable of causing damage to persons or property as described in ORS 90.405. For the unauthorized pet, the fee for a second or later noncompliance may not exceed $250.
Example a made-up landlord finds an unapproved dog and gives a written warning on Monday, November 2, 2026. If the tenant is found with the dog again on Monday, December 7, 2026, that is a second noncompliance, and the fee can be up to $250, provided the lease described the fee in writing before either date. A first finding carries no such fee under this paragraph.
Can a pet itself lead to termination?
Yes, in serious cases. ORS 90.396 lets a landlord terminate on 24 hours' written notice if the tenant's pet seriously threatens or inflicts substantial personal injury on someone, or inflicts substantial damage to the premises on more than one occasion. Where the cause is the pet's acts, the tenant may cure by removing the pet before the notice period ends, and the notice must describe that right. If the pet returns after the cure, the landlord may terminate after 24 hours' written notice about the pet's presence, and the tenant gets no new chance to cure. This is a serious-conduct provision, not a substitute for the fee rules above.
How should an Oregon landlord set pet charges?
- Offer pet rent as part of the monthly rent figure in the lease, since rent is separate from fees and deposits.
- Add a pet deposit only by a signed modification relating to the pet, never by a bare notice.
- List allowed pet violation fees in the written agreement with their amounts.
- Never charge any pet deposit or fee for a service or companion animal required as an accommodation.
The statute defines rent as payments for the right of a tenant and any permitted pet to occupy the unit, so a monthly pet charge sits in the rent line. Check the current text of ORS 90.300 and 90.302 before you set any figure, since Oregon amends this chapter often.
Where does DoorKeeping fit?
DoorKeeping keeps the lease, the pet addendum, the move-in photos and the rent ledger together, so the purpose of each charge and the condition of the unit on the first day are on file when you itemize a deduction. You decide what to charge and what to keep. This is general information, not legal advice: check the current statute, and ask a local attorney if a charge is disputed.
Sources
- ORS Chapter 90, Residential Landlord and Tenant (Oregon Legislature), read Oct 30, 2026
- 24 CFR 100.204, Reasonable accommodations (Electronic Code of Federal Regulations), read Oct 30, 2026
Questions
- Can an Oregon landlord charge a pet deposit for an assistance animal?
- No. ORS 90.300(4) bars a pet security deposit for a service or companion animal required as a reasonable accommodation.
- Can an Oregon landlord add a pet deposit after move-in?
- Yes, if landlord and tenant agree to modify the terms to permit a pet and the deposit relates to it (ORS 90.300(5)(a)).
- Is a flat nonrefundable pet fee allowed in Oregon?
- ORS 90.302(1) bars a start-of-tenancy fee for an anticipated expense and permits only the fees the section lists.