He emailed me on the 26th of April that he would be out at the end of the month. He did get out but left a mess. (A professional cleaning company charged me $525 to get it move in ready) Carpet cleaning, paint, removal of abandoned items. He had the keys mailed to me post marked May 14th. I'm a little uncertain on how to calculate the rent and deposit money.
Also, I found evidence of a dog having been in the unit which violates the lease.
Can anyone help?
As an attorney who often represents tenants, I would advise you to meet with a landlord-tenant attorney to review this accounting before you send it off, especially if this is your first time writing such a letter or you have any concerns or doubts. Generalized online advice is not nearly as useful as a one-on-one where you can go over your specific facts and the attorney can ask you questions and review relevant documents (namely, your lease or rental agreement). The way the Landlord-Tenant Act is written, landlords have to do everything by the book and minor, innocent mistakes can be exploited by good and bad tenants alike.
IMPORTANT: You are required by statute to give your tenant such an accounting within 31 days after the tenancy terminates and the tenant delivers possession. You are getting close to this deadline, so don't delay. If you wait to long, the tenant can automatically get TWO TIMES the security deposit.
Here's the statute that deals with security deposits and accountings: http://www.oregonlaws.org/ors/90.300
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
I recommend you meet with a landlord-tenant attorney not only to discuss the detailed itemization of damages to the dwelling but to also guide you through your obligations when storing "abandoned property". Under RLTA (Oregon Residential Landlord and Tenant Act), the landlord has many duties in caring for and storing a tenant's abandoned property. If you do not follow these specific statutory steps, you could be liable for the value (or speculative value) of the tenant's personal property. Be very cautious when dealing with this. Do not just throw a tenant's belongings away. Contact a local attorney as soon as possible to avoid any potential claims the tenant could have against you.
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