Oregon Late Fee Laws for Landlords (2026)
What the statute actually says
A late fee may be charged only once rent is unpaid on the fourth day of the rental period, and the landlord must pick one of three methods in the written agreement: a reasonable flat amount charged once per period; a daily charge from the fifth day not exceeding 6% of that flat amount; or 5% of the periodic rent, charged once for each five-day period the rent stays unpaid.
Citation: Or. Rev. Stat. § 90.260 · read the source
The most you can charge in Oregon
Worked from the statute above, on a monthly tenancy:
| Monthly rent | Maximum late fee | How it is worked out |
|---|---|---|
| $900 | $45.00 | 5% of $900 |
| $1,200 | $60.00 | 5% of $1,200 |
| $1,800 | $90.00 | 5% of $1,800 |
| $2,500 | $125.00 | 5% of $2,500 |
Work out your own figure with the late fee calculator →
The grace period in Oregon
Oregon requires a grace period of 4 days. A late fee charged before that is not enforceable, however the lease is worded. Day one of the grace period is the due date itself, so rent due on the 1st can first carry a fee on the 5th.
Does the fee have to be in the lease?
Yes. Oregon requires the late fee to be stated in the written rental agreement. A fee that is not in the lease is not collectable, no matter how reasonable the amount.
Charging it without getting it wrong
Most late-fee disputes are not about the amount. They are about the date the clock started, whether the fee was in the lease, and whether a payment got applied to the fee before the rent. Those are bookkeeping problems, and they are the ones that lose in court.
LandlordPro applies the grace period you set, charges the fee once, and applies payments to rent before fees, so the ledger tells the same story the statute does. The rent roll shows exactly which day a charge landed and why, and the tenant sees the same breakdown in their portal.
Stop working late fees out by hand
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Start freeFrequently asked questions
What is the maximum late fee a landlord can charge in Oregon?
5% of the rent. On $1,200 rent that is $60.00. The rule is set by Or. Rev. Stat. § 90.260.
How many days late before a landlord can charge a fee in Oregon?
4 days. A fee charged before the grace period runs out is not enforceable.
Does a Oregon late fee have to be in the lease?
Yes. The statute requires the fee to be set out in the written rental agreement, so a fee charged without one is not enforceable.
Can a landlord charge a late fee every month the rent stays unpaid in Oregon?
Oregon does not address repeat fees by statute. Compounding a fee month after month on the same unpaid rent is the kind of charge courts treat as a penalty, so it is a risk worth avoiding.
Is a late fee the same as interest in Oregon?
No. A late fee is a one-off charge for the administrative cost of a late payment. Interest accrues over time and is regulated separately. Charging both on the same rent invites a challenge.