Q: How long does a landlord in Oregon have after a tenant moves out to ask for damages over the deposit amount?
I have not received my deposit back or any information regarding fees that were charged. When I contacted the former landlord she stated that I would not get any money back and in fact the damages were more than the deposit. They have had over 31 days and have had zero contact with me until today when I asked about the money.
A: A landlord has up to one year after first learning of, or should have learned of, a potential claim against the tenant to file a lawsuit suing the ex-tenant for damages. However, the landlord must either refund in full or provide a written accounting for how much/why they are keeping any part of the security deposit within 31 days of the tenant restoring possession to the landlord. IF they do not, even if the tenant owes additional money to the landlord for damages, the tenant is entitled to recover twice the amount not refunded or timely accounted for, plus court costs plus attorney's fees. Make no mistake - the tenant still owes the landlord for any legitimate damages but now they have twice the amount of their security deposit to apply towards those damages and are entitled to a refund of any amount not legitimately claimed and proven by the landlord. Questions? Review everything with a local landlord-tenant attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
