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OR state landlord tenant law, tenant's rights against landlord not refunding deposit refund

What is the name of your state (only U.S. law)? Oregon

Ok I'm going to try to keep this as short as possible and easy to understand.

I moved out of my apartment on June 14th this year. I received my deposit refund fairly timely but there was an issue with it, I was not refunded all that I was eligible for.

Basically, when I moved in, I paid a hefty deposit of $1,390, $250 of which is non-refundable. It states in my rental agreement that the $250 is for carpet cleaning and blinds. Since my apartments were taken over by a new company during my tenancy that has since been changed, but my original lease is what they have to go by. I never signed a lease with new company.

So when they did my refund, instead of taking the carpet cleaning and blinds out of the $250 they took it out of the remaining $1,140 refundable deposit. I brought this to their attention and they promised to fix it and pay off the $175 they owed me (they charged $50 for blinds cleaning and $125 for carpet cleaning originally). After 2 more excruciating months of phone tag and asking about what was happening with our money, they finally called me a few days ago.

They stated that if they were to revise my charges and deposit that I would actually end up owing them more money because they didn't charge me the full amount for each service. They gave me the actual cost of each thing they had done and it STILL doesn't add up. Here's the math:

What they originally charged me:
$75 general cleaning
$50 blinds cleaning
$125 carpet cleaning
$20 new drip pans

which came out to a whopping $270 that they took from the refundable deposit of $1,140 without even taking the other $250 into consideration. so we got back $870.

What they actually got billed for everything:
$150 general cleaning
$86.35 blinds cleaning
$170 carpet cleaning
$20 drop pans

If you add up the carpet and blinds charges, it comes to $256.35, if that was properly taken out of the $250 non-refundable, we would owe a remaining $6.35. If you add that to the $150 general cleaning and $20 drip pans, it only comes out to $176.35. So we should get back $963.65. So they still would owe us a balance of $93.35.

My question: What should I do to ensure that I get my money back, and, it's been over 3 months since I moved, do they owe me interest? I'm just so tired of dealing with these people, they don't call me back, they're trying to pulling this, "if we revised it you would owe US money BS, and I'm sick of being nice about it, I've been VERY patient with these people, not to mention I was an outstanding tenant, and when I moved the place was cleaned SPOTLESS except for carpet and blinds, so this $150.00 general cleaning bill is bogus in my mind. Need some advice please.
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*Also* I still have my original lease AND the move in/out inspection sheet that states my charges and conditions on move out.
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Attorney answers (1)

Reputation Level 12
Your question is a good one and should probably be directed to a local attorney in your state. The answer is heavily dependent on local law, but I can give you a basic overview of security deposits for your reference.

Generally, you are correct that a landlord is required to place a security deposit in a separate account. This is known as not "commingling" the funds. Basically, a security deposit remains the tenant's property, and a landlord has a fiduciary duty to keep it separate and maintain an accurate accounting. Also, the landlord has a duty to return unused funds with a final accounting after the tenancy is ended.

In many states, a landlord is also responsible for paying the tenant a small amount of interest on the deposit. This amount can sometimes be raised by local ordinances, especially in large metropolitan areas.

I would recommend speaking to a local lawyer because security deposits are heavily dependent on local landlord-tenant ordinances or state law. Each state treats the relationship between landlord and security deposit the same, but the specifics (i.e. interest rate and remedies) are different.

Good luck!

NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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