Oregon Security Deposit Lawsuit: Double Damages, No Appeal

By Steve Levine · Updated November 3, 2026

Short answer: An Oregon security deposit lawsuit belongs in the small claims department of your county’s circuit court, which takes claims up to $10,000 under ORS 46.405. If your landlord kept money without a written accounting within 31 days, or kept it in bad faith, ORS 90.300(16) lets you recover twice the amount withheld. Before you file, Oregon courts expect you to have made a good-faith effort to collect.

Oregon small claims has one feature that changes strategy more than any other: the judgment is final. Under ORS 46.485(4), neither side can appeal it. You get one hearing, so prepare as if it is the only chance, because it is.

Oregon Security Deposit Lawsuit: Key Numbers

Rule	Oregon	Statute
Landlord’s deadline	31 days after the tenancy ends and you deliver possession	ORS 90.300(12)-(13)
Written accounting	Must state the specific basis of each claim; separate accounting for deposit and prepaid rent	ORS 90.300(12)
Penalty	Twice the amount withheld without an accounting, or withheld in bad faith	ORS 90.300(16)
Attorney fees	May be awarded to the prevailing party	ORS 90.255
Small claims limit	$10,000; claims of $750 or less must be filed there	ORS 46.405(2)-(3)
Filing fee	$57 for $2,500 or less; $102 above $2,500	ORS 46.570
Appeal	None; the judgment is conclusive	ORS 46.485(4)

When the Double Penalty Applies

The trigger in ORS 90.300(16) has two branches. The first is procedural: money withheld without the written accounting required by subsection (12). The second is about motive: money withheld in bad faith, even if an accounting was sent. Either one lets you recover an amount equal to twice what was withheld.

The accounting rule itself is strict. Subsection (12) requires a written accounting that states specifically the basis or bases of the claim, given within 31 days after the tenancy ends and you deliver possession. Subsection (14) says it must be delivered personally, by first class mail, or by email where ORS 90.155 allows. A vague line such as “cleaning and repairs, $800” invites the argument that it does not state a specific basis.

The landlord’s allowed deductions are also limited. Under ORS 90.300(7), the landlord may claim only what is reasonably necessary to cure your defaults, such as unpaid rent, and to repair damage you caused, not including ordinary wear and tear. Labor charged for cleaning or repairs must be at a reasonable hourly rate.

Make the Good-Faith Demand First

Multnomah County Circuit Court’s small claims page states that you must make a “bona fide” (good faith) effort to collect your claim from the defendant before you file, and that the claim form must include a statement that you tried to resolve the issue. A dated demand letter is the cleanest proof of that effort.

Your letter should cite ORS 90.300, say whether you received a written accounting and when, name the amount you believe is owed, and give a short deadline. If the facts support the double penalty, say so plainly. Our security deposit demand letter guide has a structure to follow.

Portland renters have an extra claim

If you rented in the City of Portland, Portland City Code 30.01.087 adds local deposit rules, including limits on deposit size and a deadline to place tenant funds in a bank. A landlord who violates that section is liable for up to $250 per violation plus actual damages, reasonable attorney fees and costs. See our Portland tenant rights page for the city rules.

Worked example: Priya in Salem

Priya rents a Salem apartment for $1,500 a month and paid a $1,500 deposit. She moves out and returns the keys on July 31, 2026. Under ORS 90.300(13), the landlord’s deadline is August 31, 2026, 31 days later. September arrives with no accounting and no refund.

On September 8, Priya emails and mails a demand letter. When the landlord does not respond, she files in small claims for $3,000: twice the $1,500 withheld without a written accounting, under ORS 90.300(16). Because the claim is more than $2,500, the filing fee under ORS 46.570 is $102. If she wins, ORS 46.485(1) adds her filing fee, service expenses and a prevailing party fee to the judgment.

Filing in the Small Claims Department

Every circuit court has a small claims department under ORS 46.405, with one exception for some cities where a justice court handles small claims. Claims of $750 or less must be filed in small claims; claims above $750 and up to $10,000 may go there or to the regular civil docket. Class actions are not allowed.

The Oregon Judicial Department’s 2026 circuit court fee schedule lists the small claims filing fee as $57 when the claim is $2,500 or less and $102 when it is more. A defendant who denies the claim and demands a hearing pays the same fee. The OJD fees page notes that you can apply for a fee deferral or waiver if you cannot pay.

Lawyers are not allowed to take part in small claims hearings without the judge’s permission, according to the Multnomah County court. That keeps costs down on both sides.

What Happens After You File

Under ORS 46.455, the landlord has 30 days after service to respond. The landlord can pay your claim plus your filing and service costs, or deny it and demand a hearing. If the total claimed is more than $750, the landlord also has a constitutional right to a jury trial, which moves the case to regular circuit court.

That jury route has rules of its own under ORS 46.465. You would have 20 days after the clerk’s notice to file a formal complaint and serve it by mail. If the landlord demands a jury and then loses, the court must award you reasonable attorney fees; absent a contract or statute providing otherwise, that award is capped at $1,000. ORS 90.255 is a statute that separately allows fees in deposit cases.

Evidence and the Hearing

When a hearing is set, ORS 46.465(1) has the clerk mail a notice telling both sides to bring witnesses, documents and other evidence. In an Oregon deposit case, organize your file around the 31-day deadline:

Proof of the date you delivered possession, such as a key-return receipt or a dated email.
The accounting, if any, and the envelope or email showing when it was sent.
Your lease and proof of the deposit amount.
Move-in and move-out photos with dates. Our move-out checklist lists the shots to take.
Your demand letter, showing the good-faith effort to collect.
Any messages suggesting bad faith, such as the landlord saying the deposit is being kept regardless of condition.

Since there is no appeal under ORS 46.485(4), bring everything. A forgotten receipt cannot be fixed later.

Fees Can Run Both Ways

ORS 90.255 says reasonable attorney fees at trial and on appeal may be awarded to the prevailing party in any action arising under chapter 90, notwithstanding any agreement to the contrary. The prevailing party is the one in whose favor final judgment is entered. Because the award is discretionary and can go to the landlord, an inflated claim carries risk.

Collecting Your Oregon Judgment

A small claims judgment is a judgment of the circuit court, but collection is your job. The Multnomah court’s page explains that if the landlord will not pay, you can have the court issue a writ of garnishment served on the landlord’s employer or bank. The 2026 fee schedule lists $47 to issue a writ of garnishment, and a bank may add a search fee.

If a garnishment comes back unsatisfied, or you served a notice of demand for payment at least 10 days earlier with no response, you can ask the judge to order the landlord to appear and answer questions about assets. Judgment lien rules for small claims are in ORS 46.488, which treats awards under $3,000 differently. Once you are paid in full, the court requires you to file a Satisfaction of Judgment.

Frequently Asked Questions

Can I appeal if I lose my Oregon small claims deposit case?

No. ORS 46.485(4) makes a small claims judgment conclusive on both parties, with no appeal. If you want a case that can be appealed, file in the regular civil department instead, where formal rules apply.

Do I get double my deposit even if the landlord sent an accounting?

Only if the money was withheld in bad faith. ORS 90.300(16) doubles amounts withheld without a written accounting or withheld in bad faith. A timely, specific accounting removes the first branch, so your case then rests on showing bad faith or simply recovering the improper deductions.

Which filing fee applies to a doubled claim?

The fee follows the amount you claim. If doubling pushes your claim above $2,500, the fee under ORS 46.570 is $102 rather than $57.

Can my landlord move my small claims case out of small claims?

Yes, if the total claimed exceeds $750. Under ORS 46.455(3), the landlord can demand a jury trial, which sends the case to circuit court. If the landlord then loses, ORS 46.465(4) requires an award of your reasonable attorney fees.

How long does my landlord have to answer my claim?

Thirty days after service, under ORS 46.455. If the landlord does nothing in that time, the Multnomah court notes you can ask for a default judgment for the amount claimed plus filing fees, service costs and a prevailing party fee.

This guide offers general legal information and is not legal advice. For help with your situation, start with LSC’s get legal help directory.

Your next move: count 31 days from the date you returned the keys, and if no specific written accounting arrived by then, send a good-faith demand citing ORS 90.300(16). Review the underlying rules in our Oregon security deposit law guide and compare other states in the security deposit lawsuit by state hub.

Sources

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