Landlords in Oregon are not permitted to charge tenants a fee for cleaning when they move out of a rental unit. This rule applies to all residential rental properties, including apartments, houses, and condos. The only exception is if the tenant has caused damage to the property beyond normal wear and tear. In those cases, the landlord can charge the tenant a reasonable fee for the repairs. However, the landlord must provide the tenant with an itemized list of the damages and the costs associated with repairs. If a landlord attempts to charge a cleaning fee, the tenant can file a complaint with the Oregon Residential Landlord-Tenant Program.
Oregon Laws Governing Cleaning Fees
In Oregon, landlords are allowed to charge cleaning fees to tenants, but there are specific laws and regulations that govern these fees. Understanding these laws can help ensure that both landlords and tenants are treated fairly and that cleaning fees are charged legally and reasonably.
Oregon Revised Statutes (ORS) Governing Cleaning Fees
- ORS 90.300: This statute establishes the general right of landlords to charge cleaning fees. It states that a landlord may charge a tenant a cleaning fee “as reasonably necessary to clean the premises at the termination of the tenancy.”
- ORS 90.305: This statute limits the amount of the cleaning fee that a landlord can charge. It states that the cleaning fee cannot exceed “the actual and reasonable cost of cleaning the premises.”
- ORS 90.310: This statute requires landlords to provide tenants with a written statement of the cleaning fee before the tenant moves in. The statement must include the amount of the cleaning fee, the specific cleaning services that will be performed, and the condition of the premises when the tenant moves in.
Additional Considerations for Cleaning Fees
- Reasonableness of the Cleaning Fee: The cleaning fee must be reasonable and must reflect the actual cost of cleaning the premises. Landlords cannot charge excessive or inflated cleaning fees.
- Condition of the Premises: The condition of the premises when the tenant moves in is a key factor in determining the reasonableness of the cleaning fee. If the premises are excessively dirty or damaged, the landlord may be justified in charging a higher cleaning fee.
- Cleaning Services: The cleaning fee must cover only the actual cleaning services that are performed. Landlords cannot charge for services that are not performed or that are not necessary to clean the premises.
Tenant’s Rights Regarding Cleaning Fees
- Right to Dispute Cleaning Fees: Tenants have the right to dispute cleaning fees that they believe are unreasonable or excessive. They can do this by providing the landlord with a written statement explaining why they believe the fee is unreasonable.
- Right to a Cleaning Fee Statement: Tenants have the right to receive a written statement from the landlord that includes the amount of the cleaning fee, the specific cleaning services that will be performed, and the condition of the premises when the tenant moves in.
Conclusion
Oregon laws governing cleaning fees are designed to protect both landlords and tenants. Landlords are allowed to charge cleaning fees, but these fees must be reasonable and must reflect the actual cost of cleaning the premises. Tenants have the right to dispute cleaning fees that they believe are unreasonable or excessive, and they have the right to receive a written statement from the landlord that includes the amount of the cleaning fee, the specific cleaning services that will be performed, and the condition of the premises when the tenant moves in.
| Resource | Description |
|---|---|
| Oregon Revised Statutes (ORS) Chapter 90 | Contains the full text of the Oregon laws governing cleaning fees. |
| Oregon Housing and Community Services: Renting Property | Provides information for landlords and tenants about their rights and responsibilities, including information about cleaning fees. |
| Oregon State Bar: Cleaning Deposits in Oregon | Provides information about cleaning deposits, including how they differ from cleaning fees. |
What is the Difference Between a Cleaning Deposit and a Cleaning Fee?
In Oregon, landlords are allowed to charge a cleaning deposit or a cleaning fee to tenants. However, there are some important differences between the two.
Cleaning Deposit
- A cleaning deposit is a refundable deposit that is paid by the tenant at the beginning of the tenancy.
- The landlord is required to return the cleaning deposit to the tenant at the end of the tenancy, minus any deductions for cleaning costs.
- The amount of the cleaning deposit is limited by Oregon law to no more than one month’s rent.
- The landlord is required to provide the tenant with a written statement of the cleaning deposit, including the amount of the deposit, the date it was paid, and the terms for its return.
Cleaning Fee
- A cleaning fee is a non-refundable fee that is charged by the landlord to the tenant at the end of the tenancy.
- The landlord is not required to return the cleaning fee to the tenant.
- The amount of the cleaning fee is not limited by Oregon law.
- The landlord is not required to provide the tenant with a written statement of the cleaning fee.
| Cleaning Deposit | Cleaning Fee | |
|---|---|---|
| Refundable | Yes | No |
| Amount limited by law | Yes | No |
| Written statement required | Yes | No |
Conclusion
Landlords in Oregon are allowed to charge either a cleaning deposit or a cleaning fee, but not both. The type of fee that is charged will determine the landlord’s obligations to the tenant.
Can a Landlord Charge a Cleaning Fee in Oregon?
In Oregon, landlords are not permitted to charge tenants a cleaning fee. This is because cleaning is considered a normal part of maintaining a rental property, and the cost of cleaning should be included in the rent. However, landlords may deduct the cost of cleaning from a tenant’s security deposit if the tenant leaves the property in an excessively dirty condition.
Deductions from Security Deposits for Cleaning Costs
There are limits on the amount a landlord can deduct from a security deposit to cover cleaning costs. The landlord must provide the tenant with an itemized statement of the cleaning costs, and the tenant has the right to dispute any charges they believe are unreasonable.
The following are examples of cleaning costs that a landlord may deduct from a security deposit:
- Excessive dirt or grime
- Uncleaned appliances
- Uncleaned carpets or floors
- Uncleaned windows
- Uncleaned bathrooms
- Uncleaned kitchens
- Unremoved trash or debris
The following are examples of cleaning costs that a landlord may not deduct from a security deposit:
- Normal wear and tear
- Repairs or replacements
- Cleaning costs that are already included in the rent
| Allowed Deductions | Not Allowed Deductions |
|---|---|
| Excessive dirt or grime | Normal wear and tear |
| Uncleaned appliances | Repairs or replacements |
| Uncleaned carpets or floors | Cleaning costs included in rent |
| Uncleaned windows | |
| Uncleaned bathrooms | |
| Uncleaned kitchens | |
| Unremoved trash or debris |
If you have any questions about cleaning fees or deductions from your security deposit, you should contact the Oregon State Bar’s Landlord-Tenant Assistance Program at 1-800-657-8283.
Oregon Landlord’s Right to Charge Cleaning Fees
In Oregon, landlords may charge a cleaning fee to tenants, subject to certain limitations and requirements. This article will explore the rules and regulations regarding cleaning fees in Oregon, including the circumstances under which a landlord can charge such fees, the amount of the fees that can be charged, and the notice requirements for charging cleaning fees.
Circumstances for Charging Cleaning Fees
Landlords in Oregon can only charge a cleaning fee when the tenant has left the rental unit in a condition requiring more than ordinary cleaning to restore it to a clean and habitable state. Ordinary cleaning tasks such as sweeping, vacuuming, dusting, and wiping down surfaces are generally the responsibility of the tenant, and landlords cannot charge a fee for these tasks.
Amount of Cleaning Fees
The amount of a cleaning fee charged by a landlord in Oregon must be reasonable and reflect the actual costs incurred by the landlord in cleaning the rental unit. The landlord should provide a detailed receipt or invoice specifying the cleaning services performed and the associated costs. The cleaning fee cannot exceed the actual costs incurred by the landlord.
Notice Requirements
- Lease Agreement: Landlords must include a provision in the lease agreement that clearly states the circumstances under which a cleaning fee can be charged and the maximum amount of the fee that can be charged. This provision must be conspicuous and easy for tenants to understand.
- Move-Out Notice: Landlords must provide tenants with a written notice of any cleaning fees that will be charged at least 14 days before the end of the tenancy. The notice must include a detailed description of the cleaning services to be performed and the associated costs. The notice must also state that the tenant has the right to inspect the rental unit and challenge the cleaning fees before they are charged.
Tenant’s Right to Challenge Cleaning Fees
Tenants in Oregon have the right to challenge cleaning fees charged by their landlords. If a tenant believes that the cleaning fee is excessive or unreasonable, they can file a complaint with the Oregon Rental Housing Association (ORHA). The ORHA will investigate the complaint and determine if the cleaning fee was justified. Tenants may also withhold rent if they believe the cleaning fee is excessive or unreasonable, but they should be aware that this could result in legal action from the landlord.
| Requirement | Details |
|---|---|
| Circumstances for Charging Cleaning Fees | Landlords can only charge cleaning fees when the tenant has left the rental unit in a condition requiring more than ordinary cleaning. |
| Amount of Cleaning Fees | Cleaning fees must be reasonable and reflect the actual costs incurred by the landlord. |
| Notice Requirements | Landlords must include a provision in the lease agreement that clearly states the circumstances under which a cleaning fee can be charged and the maximum amount of the fee that can be charged. Landlords must also provide tenants with a written notice of any cleaning fees that will be charged at least 14 days before the end of the tenancy. |
| Tenant’s Right to Challenge Cleaning Fees | Tenants have the right to challenge cleaning fees charged by their landlords. They can file a complaint with the Oregon Rental Housing Association (ORHA) or withhold rent, but should be aware that this could result in legal action from the landlord. |
Well, there you have it folks! Now you know the deal with cleaning fees in Oregon. Remember, the law is on your side, so don’t let your landlord take advantage of you. If you’ve been charged an illegal cleaning fee, don’t hesitate to reach out to your local housing authority or tenant advocacy group for help. And while you’re at it, why not check out some of our other blog posts? We’ve got a treasure trove of information on all things rental housing in Oregon. Thanks for reading, and we hope to see you back here soon!