(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
(2) A landlord may charge a deposit, however designated, to an applicant for the purpose
of securing the execution of a rental agreement, after approving the applicant's application
but prior to entering into a rental agreement. 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 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 the landlord under the rental agreement or refund it immediately
to the tenant.
(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 by first class mail to the applicant.
(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,
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