90.300
Security deposits; prepaid rent.
(1) As used in this section, “security deposit” includes any last month’s rent
deposit.
(2)(a) Except as
otherwise provided in this section, a landlord may require a tenant to pay a
security deposit. The landlord shall provide the tenant with a receipt for any
security deposit the tenant pays. The landlord shall hold a security deposit or
prepaid rent for the tenant who is a party to the rental agreement. A tenant’s
claim to the security deposit or prepaid rent is prior to the claim of a
creditor of the landlord, including a trustee in bankruptcy.
(b) Except as
provided in ORS 86.782 (10), the holder of the landlord’s interest in the
premises at the time the tenancy terminates is responsible to the tenant for
any security deposit or prepaid rent and is bound by this section.
(3) A written
rental agreement, if any, must list a security deposit paid by a tenant or
required by a landlord.
(4) 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.