Q: Is a 'Move in fee' allowed in Oregon?
Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?
A: One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which should have been refunded to you within 31 days of restoring possession to the landlord. If you really want to know, review the matter with a local landlord-tenant attorney to see what, if any, claims you may still have.
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