Portland, OR asked in Landlord - Tenant for Oregon

Q: Hello can landlords charge a cleaning fee when the tenant cleaned too to bottom already? Plus their remodeling the unit?

Recently moved out of my apartments where I lived for the past 8 years. Didn’t pay security deposit when I moved in. Instead paid a non refundable deposit which was less soon move in. I never received any remodeling while there for 8 years as they promised. When I moved out I cleaned the apartment top to bottom. Took pictures. Had normal wear and tare. After I moved out they remodeled my unit and mailed me a notice stating I needed to pay to replace the blinds and a cleaning fee?... is this legal? I cleaned the unit before I left. Covered patches on walls from pictures. Soon as I moved out they ripped up the carpet and hardwood flooring. Replaced cupboards in the kitchen. Which they said they would do while I lived there when I signed a new lease each year that was their “gift” to tenants which I never gotten because she wanted me to move out all my things for 2 days for the repairs and rent a uhaul. Anyways I just want to know can they charge a cleaning fee when I cleaned before I lef

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

A: First, although there was practice for awhile of charging a fee up front and calling it a "non-refundable deposit", there is no such thing. Either it is refundable under some condition and thus is a deposit, or it is non-refundable and a fee. Such fees have been illegal in Oregon for many years, so you may have claims for it. As for the rest, it seems unlikely that the Landlord could prevail in claiming cleaning damages. However, it does not sound as if you are actually out any money since there was no security deposit for the landlord to keep. Regardless, the only way to know much is to gather your records and review them with a local landlord-tenant attorney. Good luck.

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