Portland, OR asked in Landlord - Tenant for Oregon

Q: My rent check was never cashed, property manager didn’t tell me for about 90 days. I moved out, didn’t get my deposit.?

I was told to leave my check with the maintenance dept.

When I was notified over 2 months later it was a short email notice. Not a phone call. Now they want me to talk to my bank about refunding my money. They didn’t tell me the check was not cashed for over 2 months!!!!

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

A: Afraid I am not following you. IF a check is never cashed, there would be nothing for a bank TO refund...or, if they cashed it after 2 months, it still should be applied and credited to your rent ledger - so where's the problem there? You reference not getting your security deposit back but fail to say why or how long it took or even if you were given a written accounting within 31 days of move-out. IF you are trying to say that they both cashed your rent check over 2 months after you remitted it AND deducted that same month's rent from your security deposit, they clearly owe you a refund of one of the two payments - and no, it is not your obligation to go try to get your bank to refund the money, if that is what you are implying.

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