Portland, OR asked in Landlord - Tenant for Oregon

Q: Lease is ending Aug 31st. Roommate & I are co-tenants on lease. Does the LL pay me back the sec dep or roommate?

According to the property mgr. If I give 30-day notice and he stays and renews or moves in a roommate, my roommate will half to give me back 1/2 of the security deposit. If, so, how long does he have.

Also who is then responsible for damages after I leave?

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

A: Assuming you and your roommate are co-tenants on the same lease and either of you gives proper written notice of non-renewal, both of your tenancy ends and the landlord owes you a refund of any part of the security deposit not claimed for damages. If the landlord has a brain in his head, he will issue a check with both your names on it and let the two of you determine who gets how much. He otherwise risks one tenant suing him for failure to return their share. Even if he splits it 1/2 and 1/2, he has no idea for sure if one of you deserves more or less than an equal share. If, for example, he deducts $X.00 for damage, maybe one of you is the one that did that damage and thus should absorb all of the cost or maybe you both are responsible and thus should split the damage cost 50/50. Regardless, the landlord must provide either a written accounting for how much he is retaining out of the deposit and why or a refund within 31 days of your restoring possession to the landlord. If the roommate stays, he should be entering into a new rental agreement with a new security deposit, etc. Note that this all applies if you stay through the end of an existing lease term and don't renew or extend it on a month to month basis. If you are breaking the lease early, there may be different time frames and different potential liabilities. Either way, once you have left and restored possession to the landlord, you should be off the hook for any additional damages (as long as you are not breaking the lease early). You would be wise to document the condition of the premises after you have moved out - pictures of everything so you can prove what was and what was not damaged when you left. Good luck.

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