I just recently moved out of a house in Oregon on May 10th. I had to move after receiving a letter from my landlord stating that my one year lease would be up at the end of May and he could not extend or renew my lease since he had made other "arrangements" for the property. I was a good, clean tenant that stayed the length of my 1 year lease without complaints. I didn't mind having to find a new house since I didn't really like that one anyway, but I have 3 young kids so the short notice was anything but appreciated. When I first moved into the house I had to pay first and last month's rent and a $1000 deposit. In the letter I received it was also stated that if I could move out before the 30th of May, my rent would be prorated and refunded according to the day I moved out. When I called to discuss this, I was only told to call when I was done cleaning and was cut off every time I tried to ask when I would be receiving that money as promised. When I had finished and was completely out by May 10th, his answer was dodgy once more and I was told that by law he had 30 days until he had to give me my money. A couple of days later he called and said he would need to get reimbursed since he was unable to get a stain out of my carpet that was literally 7" in diameter. It was apparently going to cost me more than my $1000 deposit, and he expected to be reimbursed. He then proceeded to ask me for my prorated rent which is in the amount of $965. Knowing my rights, I told him that I was aware that my prorated rent could not be used for damages. Not to mention, I believe carpet goes under normal wear and tear. I have checked into the laws and it is 31 days that he has to give me my money.
However, I have not heard from him now in a week and a recent visit to my old neighborhood to see a friend I noticed that he has someone else already living there. He NEVER replaced the carpet and has yet to contact me regarding my money or even a quote for the carpet pertaining to my refundable deposit.
So, what are my rights? Is the house still considered mine if he hasn't paid me back or even acknowledged my receipt of payment?
Thanks for reading, I know it was long.|||YES! He legally has to return the unused portion of your last months rent and deposit. The law does not state that this has to happen before someone else moves in. He can legally take the cost to remove the stain from the deposit, but there is no way in hell that will cost any ware close to $1,000. He can ONLY charge actual cost and must provide a receipt.
You legally have to wait until the initial 31 days has passed before you can do anything. If he still does not return it then you have to send a demand letter. After that you can take him to court. With the letter that they sent you, you have plenty of proof that it is owed.|||Carpet does come under normal wear and tear, but stains do not. He has to give you the cost on paper too, which it does not sound like he did.
As soon as the 31 days passes file in small claims court. He owes you the rent and has to prove he spent that $1,000, which apparently is not going to be possible.|||I am an Oregon Land Lord. Your Land Lord has 31 Days from the time you surrender the apartment to mail you an accounting or refund. It must be post marked on or prior to the 31 st. day. It must be an itemized accounting showing where your deposit went. He does not have to provide you receipts. Only the court can ask for the receipts, however by providing copies of receipts, a Land Lord can usually avoid having to go to court.
Oregon courts have held that stains on a carpet are not normal wear and tear, stains are damages. The Land Lord must actually repair or replace the carpet before the can charge for the damage. The problem with stains is finding a small piece of carpet to match what is down. The entire carpet will most likely have to be replaced.
Most carpet stores vary their inventory to meet the taste of the customers. They don't reorder the same pattern, color, etc. Carpet comes from the factory in rolls big enough to do several houses. Getting a carpet store to order a Roll (Many thousand dollars in a roll) so someone can have a 7 inch piece won't happen.
The Land Lord can sue you in small claims court for the amount between your deposit and the actual carpet cost.
The last months rent must be prorated and returned within 31 days of your abandoning the apt. Oregon Law Provides Failure to return the rent or provide an itemized accounting of the deposit with in thirty one days, can result in the land lord having to pay you an amount up to the value of six months rent.
You will have to sue him in small claims court to get a judgment and receive compensation.|||state statutes (laws) say when the landlord must return the deposite...here it's within 15 days (you must have provided to them a forwarding address). I they don't do that you can take them to court. First let them know you'll be taking them to court and hire an attorney to help you since you'd need certain forms. If you're in the right (and certainly in this case you are) the money you use to start the case and your attorney's fees would be paid if you win (at least that's the way it is here).
No the house is not considered still yours if he hasn't paid you back.
Your receipt of payment is always your own check (make a copy before you give checks to anyone in questionable circumstances such as this one and always make a copy of what you send them, hand them or leave off for them, and always plan ahead and take pictures of everything that might be doubted for when you leave a place).
I'd be curious as to what exactly was said in the lease. If he states 30 days then has 30 days passed without his payment, then he is in the wrong. You are right about the rug needing replaced in an apartment but not sure about in a house. But if you can prove the rug has not been replaced then surely you're in the right on that one.
Sometimes landlords will hold back until you return the keys. Maybe he was waiting to get paid by the new residents.
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