Q: Landlord said she can take last months rent from the security deposit but is going to charge me 25.00 a day.
Is it legal for landlord to do that and take this fee she wants to charge for using security deposit as last months rent, out of the security deposit. Is that legal for her to do that?
A: Sorry but I am not clear what you are saying. Yes, a landlord can take any rent still owed after move out from the security deposit before refunding or accounting for any balance in writing to the tenant within 31 days of move out; and yes, rent is prorated on a daily basis; but I am unclear what you are referring to about a $25 day "fee". If that is your daily pro-rated amount of rent, fine...but if this is some sort of additional fee the landlord is trying to charge, that likely is not lawful and may entitle you to recover damages plus court costs and your attorney's fees. If you are within the city limits of Portland, you may or may not have other potential claims against the landlord. If you really want to know, consider reviewing everything with a local landlord-tenant attorney. Good luck.
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