Portland Oregon Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant

State:
Oregon
City:
Portland
Control #:
OR-1038LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State. This form is from a Tenant to Landlord providing Landlord with legal notice of his/her failure to-date to return all of the prepaid but unearned rent. Because Tenant's departure resulted from Landlord's breach of Lease Agreement and/or other wrongful conduct contrary to applicable landlord-tenant law, Tenant is demanding a refund of all prepaid but unearned rent.

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FAQ

A landlord is not required to repair damages in order to make a claim against a deposit. Labor cost for cleaning and repairs must be based on a reasonable hourly rate. The landlord can perform the work and charge a reasonable hourly rate.

Oregon Eviction Process Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice24 hours-30 daysIssuing and Serving of Summons and ComplaintA few daysCourt Hearings and Judgment and Issuance of Writ of Execution7 days (appearance hearing), 15 days (eviction hearing)1 more row ?

Landlords in Oregon can keep all or a portion of a tenant's security deposit for unpaid rent, damage in excess of normal wear and tear, and other breaches of a lease agreement. Rental agreements must specifically state which deductions can be taken from a security deposit.

In Oregon, there is no such thing as a ?non-refundable deposit.? If your landlord is trying to charge you a ?non-refundable deposit,? then either your landlord is trying to cheat you, or your landlord is simply ignorant of Oregon's laws. In Oregon, all deposits are refundable.

If you do not pay the rent within the 72 hours, your landlord may immediately file a court eviction proceeding. In calculating the 7-day period, the day the rent is due counts. For example, if your rent is due on the first of the month, your landlord may give you a 72-hour notice on the eighth of the month.

Normal Wear and Tear: Painting Painting the walls is an owner's responsibility unless the walls were damaged by the tenants. If there's a big hole that requires sheetrock to repair it, then the tenants can be charged for that damage. But, scuff marks on the wall are normal, and so are small nail holes.

The short answer is no. In fact, according to the Tenant Fees Act 2019, a landlord cannot legally charge tenants for end of tenancy cleaning services. If you are a landlord and you charge your tenants with a cleaning fee, you will face a fine of at least £5,000.

Oregon landlords have a choice: They may serve a pay or quit notice after rent is eight days late, giving the tenant 72 hours (three days) to pay rent or quit; or, they may serve the notice earlier, after rent is overdue five days (in which case, the tenant has longer?144 hours (six days)?to pay or quit).

When can my landlord withhold my deposit? Unpaid rent. Paying rent on time is key to being a good tenant and maintaining a positive relationship with your landlord.Cleaning costs.Damage to the property.Pet damage.Lost or broken items.Neglect.Redecoration.Fair wear and tear.

Getting the security deposit back Your landlord must return your deposit within 31 days after the termination of the tenancy and the delivery of the rental unit to the landlord.

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Portland Oregon Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant