ORS § 90 § 90.295
Applicant screening charges; screening criteria.
Operative Text
(1)(a) A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement. This activity is known as screening and includes but is not limited to checking references and obtaining a consumer credit report or tenant screening report. The landlord must provide the applicant with a receipt for any applicant screening charge. Promptly after each screening conducted by a tenant screening company or consumer credit reporting agency for the landlord, the landlord shall provide the applicant with confirmation of the screening, including a copy of a receipt from the company or agency. (b) A landlord may only require an applicant to pay a single applicant screening charge within any 60-day period, regardless of the number of rental units owned or managed by the landlord for which the applicant has applied to rent. (2) The amount of any applicant screening charge must not be greater than the landlord’s average actual cost of screening applicants or the customary amount charged by tenant screening companies or consumer credit reporting agencies for a comparable level of screening. Actual costs may include the cost of using a tenant screening company or a consumer credit reporting agency and the reasonable value of any time spent by the landlord or the landlord’s agents in otherwise obtaining information on applicants. (3) A landlord may not require payment of an applicant screening charge unless prior to accepting the payment the landlord: (a) Adopts written screening or admission criteria; (b) Gives written notice to the applicant of: (A) The amount of the applicant screening charge; (B) The landlord’s screening or admission criteria; (C) The process that the landlord typically will follow in screening the applicant, including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references; (D) The applicant’s rights to dispute the accuracy of any information provided to the landlord by a screening company or credit reporting agency; (E) A right to appeal a negative determination, if any right to appeal exists; (F) Any nondiscrimination policy as required by federal, state or local law plus any nondiscrimination policy of the landlord, including that a landlord may not discriminate against an applicant because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income of the applicant; (G) The amount of rent the landlord will charge and the deposits the landlord will require, subject to change in the rent or deposits by agreement of the landlord and the tenant before entering into a rental agreement; (H) Whether the landlord requires tenants to obtain and maintain renter’s liability insurance and, if so, the amount of insurance required; and (I) The applicant’s right to a refund of the screening charge under subsection (5) of this section and right to recover damages under subsection (6)(b) of this section; and (c) Gives actual notice to the applicant of an estimate, made to the best of the landlord’s ability at that time, of the approximate number of rental units of the type, and in the area, sought by the applicant that are, or within a reasonable future time will be, available to rent from that landlord. The estimate shall include the approximate number of applications previously accepted and remaining under consideration for those units. A good faith error by a landlord in making an estimate under this paragraph does not provide grounds for a claim under subsection (6)(b) of this section. (4) Unless the applicant agrees otherwise in writing, a landlord may not require payment of an applicant screening charge when the landlord knows or should know that no rental units are available at that time or will be available within a reasonable future time. (5) A landlord that requires an applicant screening charge must refund the applicant screening charge to the applicant within 30 days if the landlord: (a) Fills the vacant dwelling unit before screening the applicant; or (b) Has not conducted or ordered any screening of the applicant before the applicant withdraws the application in writing. (6)(a) An applicant may not recover an applicant screening charge from the landlord if the applicant refuses an offer from the landlord to rent the dwelling unit. (b) The applicant may recover from the landlord twice the amount of any applicant screening charge paid, plus $250, if: (A) The landlord fails to comply with this section with respect to the applicant’s screening or screening charge; or (B) The landlord does not conduct a screening of the applicant for any reason and fails to refund an applicant screening charge to the applicant within 30 days.
ORS § 90.295 governs how Oregon landlords may collect and use applicant screening charges. A landlord may charge an applicant only once within any 60-day period, regardless of how many units the applicant has applied for, and the charge must not exceed the landlord's actual average screening costs or the customary market rate. Before collecting any fee, the landlord must provide written screening criteria, detailed disclosures about the screening process, and an estimate of available units. If the landlord fills the unit before screening the applicant, or if the applicant withdraws in writing before any screening is ordered, the fee must be refunded within 30 days.
Plain English — not legal advice.
Under ORS § 90.295, compliant operators adopt written screening criteria and provide applicants with a comprehensive written disclosure packet before collecting any screening charge — covering the fee amount, screening process, nondiscrimination policies, rent and deposit amounts, and the applicant's refund and dispute rights. Operators charge no more than their actual average screening cost or the prevailing market rate, issue a receipt for every charge, and promptly share confirmation (including any third-party receipt) after a screening company or credit agency completes its work. Landlords also track whether a unit is genuinely available before collecting a fee, and process any required refunds within the 30-day window to avoid exposure to the statutory damages outlined in subsection (6)(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.295 gives applicants the right to receive detailed written disclosures — including screening criteria, the fee amount, available-unit estimates, and refund rights — before a landlord may lawfully collect a screening charge. If a landlord fails to follow the requirements of this section, or keeps a screening fee without actually conducting a screening and without refunding it within 30 days, an applicant may be entitled to recover twice the amount of the charge plus $250 in statutory damages. Tenants who believe a landlord has violated ORS § 90.295 can document the circumstances, consult a local tenant-rights organization, or explore filing a civil claim in small claims or circuit court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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