Portland Oregon Landlord Tenant Closing Statement to Reconcile Security Deposit

State:
Oregon
City:
Portland
Control #:
OR-9000LT
Format:
Word; 
Rich Text
Instant download

Description

This is a Landlord Tenant Closing Statement - Reconcile Security Deposit, where the landlord records the deposits and credits, less deductions from the credits or security deposit for delivery to the tenant. It is used to document for the benefit of both parties the monies held by the landlord and due to the landlord.


A security deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." Everyday usage is normal wear and tear, but excess damage is a debated definition. A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.


Laws vary by state, but some states place a limit on the amount of a security deposit that a landlord may charge. Some states also regulate where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. State laws also define the time period after the tenant vacates within which the deposit must be returned to the tenant.

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FAQ

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.

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.

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.

A landlord cannot keep the security deposit to cover normal wear and tear. Thus, a landlord cannot charge you for normal cleaning if the apartment or house is left in as good or better condition than first occupied.

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.

A landlord can typically charge a tenant for cleaning needed to return the property to the condition at the time the tenant moved in. But, a landlord can not charge the tenant extra ? or use the security deposit ? to pay for normal wear and tear.

Landlords in Pennsylvania can only deduct money from your security deposit for damages to the property, unpaid rent, or the breach of a lease. If they do keep any of your security deposit, they have to give you a list of the deductions, as well as the cost of the repairs.

As mentioned before, a landlord cannot force a tenant into any third-party contract, as stated in the Tenant Fees Act 2019. This means a landlord cannot force a tenant to use a cleaning company or any cleaning service at all. With this in mind, tenants can do their own end of tenancy clean.

In California, a landlord is allowed to charge a cleaning fee. This should cover the costs of cleaning services to bring the unit back to the same level of cleanliness it was in when the tenancy started.

A landlord can deduct from the tenant's security deposit: The cost of fixing any damages to the property caused by the tenant or the tenant's guests.The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in (less reasonable wear and tear).

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Portland Oregon Landlord Tenant Closing Statement to Reconcile Security Deposit