Salem, OR asked in Landlord - Tenant for Oregon

Q: When can a landlord begin to charge a late fee for rent, the 5th or the 6th?

I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes due. So that would be after the 5th of month, which would be the 6th. However Oregon Law states the statute which says the forth day after rent is due, which would be the 5th. Can you help?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many years ago you were correct. There was a statutory grace period of 5 days, making rent late on the 6th but that was changed several years ago.

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