Shannon Iris Wilson's Answers

LL kept deposit/no written acounting/what proof does LL need and how do i prove in court this??

Did you bring this case in small claims court? Most judges that do small claims in Multnomah County are very fair in my opinion. It is the preponderance of the evidence standard in civil claims cases. Whoever has evidence that shows "more likely than not" this happened or did not happen, is the party who will likely prevail. If the LL did not provide you a written accounting, then you will be awarded double your deposit amount. Hopefully, you also documented the condition of the dwelling...

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What is my liability when an old roommate stops paying rent and we originally had a lease together?

You are most likely still liable under the terms of your original lease agreement. A lot depends on whether or not the landlord has accepted payment from the "new" roommate/ tenant. Depending on the terms of your rental agreement you may have an obligation to notify the landlord of any absence longer than seven consecutive days.

Landlord threats of violence and unnecessary move out costs

1) Yes, you are definitely entitled to a copy of your original lease 2) Yes, you are not responsible to pay for damage that existed before your tenancy. The landlord can not unjustly benefit in replacing carpet that needed to be replaced anyways by charging you an outrageous amount upon move-out. 3) No, but such threats are prohibited because they are unconscionable, unfair, and illegal (harassment).

Notice or enforcement for landlord wanting to have house exterminated for bugs but tenant refuses.

You are allowed to make necessary repairs including making sure the entire premises is free from rodents. All you need to do is provide the required notice for entrance stating the reason and a reasonable time for the maintenance. ORS 90.322 is the relevant statute. Hope this helps.

In Oregon, is a tenant or a landlord responsible for dealing with wasp nests on the property?

Under ORS 92.320, this may be considered a habitability issue where the landlord is responsible for keeping the premises free from "rodents and vermin". However, you may still be responsible for the removal of the nest if the terms of your rental agreement states that tenant is responsible for the maintenance and upkeep of the yard. If there are no such terms or other similar language, then you should be able to hire an exterminator yourself and deduct the costs from your rents as long as the...

Move out - need to refill oil tank. Am I responsible for the amount the landlord paid to fill it OR the going cost of oil?

It depends on what the terms of your lease agreement states as to who is responsible for the oil and refilling of the tank. If you signed an agreement that contained terms stating that the tenant is responsible for the refilling of the oil tank upon move out, then you may have to refill what you used during your tenancy. You should not be responsible for bestowing more oil to the landlord than what was used during your tenancy. As to the price of the oil, I am not sure because that would...