I payed my rent constantly on time and often 2 weeks prior to the due date.
I was informed infinity property management will rent to anyone (high risk) so that they can try to embezzle the tenant.
My health has also been affected due to the mold.
If the condition creates a habitability violation under ORS 90.320, you can give your landlord a written 30-day termination notice describing the condition(s) creating the violation, requiring repair within 7 days, or terminating your tenancy if not cured,. This approach requires you move out in 30 days if not cured, after which your landlord is required to refund all your deposit and prepaid rent. See ORS 90360 for more information.
If you simply move out, your landlord is required to send you a refund of your deposit and any unused pre-paid rent or a written accounting of all charges deducted from those amounts with 31 days of vacating the premises. That accounting will be sent first class mail to your forwarding address, or if none provided to the landlord, to your former address at the rental. If the landlord wrongfully withholds any part of your deposit or prep-paid rent, you're entitled to statutory damages equal to two times the amount withheld, plus your costs and attorney fees if you hire one and win in court.
Though I have attempted to be both accurate and helpful in providing this response, I am not acting as your attorney. Absent an express agreement between the parties this communication does not constitute legal advice or create an attorney-client relationship.
It's not clear whether you still live there or have already vacated. If it has been more than 31 days since you restored possession to the landlord and you have not gotten either an accounting for why the landlord is keeping your security deposit and/or pre[aid rent or a refund of them, then by all means contact a local landlord-tenant attorney for help. You are likely entitled to recover twice the amount not accounted for or refunded, plus your court costs and attorneys fees.
The mold is an increasingly common but difficult problem. It may give you grounds to break a term lease without penalty if you jump through the right hoops or even entitle you to monetary damages but getting money damages for this is usually a difficult and expensive lawsuit.
While I do not disagree with my colleagues response, do not misunderstand it to mean that the landlord must refund all of your security deposit, regardless of whether there are charges they can legitimately make against it.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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