Q: Can my landlord withhold my entire deposit? Should I fight it and can I be counter sued, details given in more info.
I moved out last month, at the same time the property management changed hands, my old landlord did the final walkthrough, left a check list and said the damages should come to roughly $200 for carpet clean and painting. That her assessment will be handed along and the new management has 31 days to settle that up.
Fast forward 31 days, I have to contact the new management, they lied and stated they were given a diff move out day and that our deposit was used entirely to cover damages to just $1.60 over what we paid and that it was such a small overage amount it wasn't worth billing us. This seems so shady, I contacted my old landlord who said it was criminal and should consider suing, it's under $1000 in deposits. I even had a preliminary ealkthrough with the acting manager at the time of move out then had them do the final write up. Stating it was up to the new management to pay out. They charged for pre existing damage, carpet cleaning treatments etc.
A: First, consider talking to a local landlord tenant attorney. Otherwise, I would ask the landlord for the accounting required by ORS 90.300(12), and then go from there. If you have solid proof (such as the testimony of the person who did the walk through) it could be well worth your while to proceed against them.
A: The landlord can lawfully charge you your entire security deposit and more IF you are liable for legitimate damages. They must send you a written accounting for why they are withholding your refund by regular, first class mail or personally hand it to you, so be sure they have a current mailing address for you. As for charging for carpet cleaning, whether that is lawful depends upon the exact wording in your lease. Painting charges at the most should be depreciated depending upon how long it has been since the previous paint job. IF your prior landlord both inspected on move out and is willing to support you in terms of lack of damage, that could be powerful evidence in your favor. So you may want to consider reviewing everything with a landlord-tenant attorney to determine your exact rights and possible claims. If you sue the landlord in court and prevail, you could recover twice the amount not properly accounted for or wrongfully withheld, plus your court costs plus your attorney's fees. Good luck.
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