Oregon Small Claims Security Deposit: How to Sue Your Landlord Under ORS 90.300

The 31-Day Rule That Triggers Most Claims

Oregon's security deposit law — ORS 90.300 — requires landlords to provide a written, itemized accounting of deductions and return any amount due within 31 days after you surrender possession. A landlord who fails to comply with the accounting requirement can be liable for twice the amount wrongfully withheld under ORS 90.300(16).

This 31-day clock starts when you surrender possession, not merely when the lease ends. If you moved out on September 1 and surrendered the unit the same day, the landlord has until October 2 to return the deposit or send the accounting. No response by October 2 means you can pursue any deposit amount due; the statutory damages depend on the amount wrongfully withheld.

Double Damages: The Leverage Oregon Gives Tenants

Under ORS 90.300(16), a tenant may recover twice the amount wrongfully withheld when the landlord fails to comply with the accounting requirement or in bad faith fails to return money due. The remedy is not automatically twice the whole deposit; document the amount withheld and why it was not owed.

If the landlord wrongfully withheld your full $1,500 deposit, you can claim up to $3,000 under the statutory double-damages remedy. That claim is well within the $10,000 small claims limit and the filing fee is $57 (claims up to $2,500) or $102 (claims above $2,500).

Who to Sue: The Entity Problem

This is where security deposit claims get complicated. The person you paid rent to is not always the correct defendant.

If you rented from a property management company, that company may be an LLC or corporation separate from the property owner. Search the Oregon Secretary of State Business Registry to find the exact entity name and registered agent. You may need to sue the management company, the property owner, or both — depending on who holds the deposit.

If you rented from an individual landlord, sue them by their full legal name. The lease should have the landlord's name, but verify it against property records (available through the county assessor's website) if the name on the lease looks like a personal name rather than a business entity.

Naming the wrong party results in a judgment that cannot be enforced against the person who actually has your money.

Building Your Case

Security deposit claims are among the most straightforward small claims cases because the evidence is largely documentary. Here is what you need:

The lease or rental agreement. This shows the deposit amount, the terms of tenancy, and the parties to the agreement.

Proof of deposit payment. Bank statement, canceled check, or money order receipt showing you paid the deposit.

Move-in and move-out condition evidence. Timestamped photos of the unit on the day you moved in and the day you moved out. If you did a walk-through inspection with the landlord, bring any signed inspection forms.

The 31-day timeline. Document the date you surrendered possession (key return), the date 31 days elapsed, and whether you received any accounting or refund.

Any accounting the landlord sent. If they did send an itemization, compare each deduction against your move-out photos. Deductions for normal wear and tear (paint fading, carpet wear from foot traffic, minor scuffs) are not permitted under Oregon law.

Your demand letter. Before filing, send a demand via certified mail requesting the deposit back within 10 to 14 days. Keep the receipt and green card.

Filing the Claim

File in the county where the rental property is located — that is where the cause of action arose. Fill out the SC-ClmNotice form with the exact amount you are claiming (deposit amount, or double damages if you are requesting them). In the statement of claim, cite ORS 90.300, the lease dates, the deposit amount, the date possession was surrendered, and the fact that the landlord failed to return the deposit or provide a proper accounting within 31 days.

After filing, serve the landlord (or their registered agent) using one of the approved methods: personal service, substituted service, office service, or certified mail with restricted delivery. File your Certificate of Service within 63 days.

In Circuit Court, the landlord has 30 days to respond; some Justice Courts, including Linn County, publish a 14-day deadline. Apply for a default judgment if the landlord does not respond by the applicable court deadline.

The Oregon Small Claims Filing Guide includes a security deposit claim worksheet with the statutory timeline, damage calculation fields, and an evidence checklist tailored to ORS 90.300 cases.

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