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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3521
Sponsored by Representative HARTMAN; Representatives GAMBA, NATHANSON, Senators JAMA, PATTERSON
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act awards damages if a landlord revokes an offer of housing. (Flesch Readability
Score: 60.7).
Requires residential landlords to pay a minimum amount of damages for breaching an agreement
to later execute a rental agreement in exchange for holding a deposit.
A BILL FOR AN ACT
Relating to residential tenancy hold deposits; creating new provisions; and amending ORS 90.297.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.297 is amended to read:
90.297. (1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a
deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental
agreement for a dwelling unit.
(2) A landlord may charge a deposit[, however designated,] to an applicant for the purpose of
securing the execution of a rental agreement, only after approving the applicant’s application but
prior to entering into a rental agreement. Before receiving the deposit, the landlord must give the
applicant a written statement describing:
(a) The amount of rent and the fees the landlord will charge and the deposits the landlord will
require; [and]
(b) The terms of the agreement to execute a rental agreement; and
(c) The conditions for refunding or retaining the deposit.
(3) If a rental agreement is executed, the landlord shall either apply the deposit toward the
moneys due to the landlord under the rental agreement or refund [it] the deposit immediately to
thetenant.
(4) If a rental agreement is not executed due to a failure by the applicant to comply with the
agreement to execute, the landlord may retain the deposit.
(5) If a rental agreement is not executed due to a failure by the landlord to comply with the
agreement to execute, within four days the landlord shall [return the deposit to the applicant either
by making the deposit available to the applicant at the landlord’s customary place of business or by
mailing the deposit] send by first class mail to the applicant the deposit plus a penalty equal to
the greater of the deposit or an amount agreed to by the parties .
(6) If a landlord fails to comply with this section, the applicant or tenant[, as the case may be,]
may recover from the landlord the amount of any fee or deposit charged, [plus] any penalty allowed
under subsection (5) of this section and $150.
SECTION 2.The amendments to ORS 90.297 by section 1 of this 2025 Act apply to deposits
received on or after January 1, 2026.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 573 HB3521
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