Oregon Rent Late Fee Rules (2026)

Start with the fourth-day timing condition

ORS 90.260 says a late charge may be imposed only if the rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable. Preserve the lease due date, payment confirmation and ledger posting date before calculating the fee.

The written rental agreement must define the late-charge framework

The agreement must specify the tenant’s obligation to pay a late charge on delinquent rent, the type and amount of charge, the rent due date and the date or day the late charge becomes due. A ledger line by itself does not replace those written terms.

Option 1: one reasonable flat amount

The statute permits a reasonable flat amount charged once per rental period. ORS 90.260 defines “reasonable amount” for this option as the customary amount charged by landlords for that rental market.

Option 2: a daily amount beginning on the fifth day

A reasonable daily charge may begin on the fifth day of the rental period and accrue until the rent, excluding late charges, is paid in full through that rental period. The daily charge may not exceed six percent of the reasonable flat amount described by the statute.

Option 3: five percent for each succeeding five-day period

The statute also permits five percent of the periodic rent payment amount, charged once for each succeeding five-day period or portion of a five-day period for which the rent remains delinquent, beginning on the fifth day and continuing through that rental period until the rent is paid.

Documents to compare

• Written rental agreement and late-fee addendum.
• Rent due date and stated late-charge due date.
• Payment confirmation or bank/portal record.
• Resident ledger showing the fee date and amount.
• Any 30-day notice changing the type or amount of late fee in a periodic tenancy.
• Prior months showing how the same formula was applied.

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