Medford, OR asked in Landlord - Tenant for Oregon

Q: Hi there! I am a tenant and my landlord first told me she would return deposit with fees deducted and failed to do so.

I would like to start off by saying my car was stolen on her property and she admitted to letting me live with a very dirty air filter she could have changed before I moved in. Now I have moved out. Place was left in perfect condition within normal ware and tear. I accidentally broke a window pane because the window wasn’t completed latched on to the ceiling hook. I accept responsibility of the cost of course. I just asked to see a receipt which she won’t provide me. She said she is going to also take a “covid deep cleaning” fee out of my deposit. Which is not my responsibility. She has completely stopped responding and it is not the day she said she’d return the deposit through Venmo and has not. Please help! Thank you

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1 Lawyer Answer

A: I also question the legality of trying to charge you a "Covid deep cleaning fee". As for the window repair, I understand and also would ask for a copy of the receipt (though there may not be much if the landlord or one of their already employees did the repair work) but understand the landlord does not even have to perform the repair to legitimately charge you. So they have the right to charge you a "reasonable" amount for the repair without having to produce a receipt. Having one, from a 3rd party professional (e.g. a receipt from "Joe's Glass Repair") helps establish on its fact that the amount charged is reasonable but it is not required. As for the refund itself, a landlord has 31 days from when you restored possession to them to either refund your entire deposit(s) or to provide you with a written (NOT email, text, voicemail, etc.) accounting for how much of your deposit they are keeping and specifically for what reason. If they do neither within the 31 days, or if they overcharge you or otherwise withhold too much in bad faith, then the tenant is entitled to recover twice the amounts not accounted for or improperly overcharged, plus your court costs and your attorney's fees. So be sure the landlord has an address to send to you any accounting or refund and then, if it has been more than 31 days, consider reviewing everything with a local landlord-tenant attorney. Good luck.

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