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Can landlord keep deposit without move-in inspection?

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Zigner

Senior Member, Non-Attorney
Actually, oregon law (according to the state bar website) DOES seem to require a move-in inspection report if you expect to be able to keep any of the tenant's deposit.

If you don't have any knowledge of OREGON law, please don't bother trying to give input.
Please post a cite to the law (not a summary, the law itself)
 


sandyclaus

Senior Member
Actually, oregon law (according to the state bar website) DOES seem to require a move-in inspection report if you expect to be able to keep any of the tenant's deposit.
Funny. I simply can't find any statute that says what you claim the law says. When I reviewed that page I provided you earlier, it also says NOTHING about a requirement for LL to provide a move-in inspection report (if it existed, I'm pretty sure that it would be there).

What it DOES say (under the section entitled "Moving In"), is this:
...You should inspect the place very carefully. Write down the condition of the walls, floors, doors, ceilings and fixtures, and keep this list. Talk to the landlord about problems right away. It’s also a good idea to have a witness look at the place and take pictures before you move in. This will help you to enforce your rights for repairs or the return of your security deposit....
Seems to me that's exactly what we've been telling you.

Sounds to me like you are still blaming the LL for your failure to cover your own arse. Arguing with us and insulting us is not going to change that undisputed fact.
 

lally123

Junior Member
Oregon Law

I am in Property Management is Oregon.
The current rental agreements say in small print under section 14- security deposits that "owner/agent may deduct the cost of carpet cleaning from the deposit regardless of weather Resident cleans the carpet before delivering possession of the dwelling unit back to owner/agent." You may want to read all the small print on your lease. The leases have changed over the year, so there may not be any wording like this in your lease.
Go through all your lease paperwork and make sure you haven't missed anything.
I give each tenant when they sign their lease a copy of what I expect to be cleaned when they move out. Not all owners/agents do this. I also give them a move in check list. I keep a copy of the paperwork in their file until they return to me the originals with their notes and such. IF they don't return to me, then I have nothing to by by when they move out. I also clean carpets in between each tenant too. We can no longer charge a cleaning fee, but if a place it not clean when a tenant moves out I can certainly charge them for cleaning and deduct from their deposit.
Even if your landlord didn't give you a move in sheet, you should have taken it upon yourself to write one up, and take photos as well.
I have our homes professionally cleaned if a tenant doesn't clean at moveout.. but each tenant will always tell me that their place is cleaner at moveout than it was when they moved in. Never fails. Also, everyone's version of clean is different. If I think my next tenant is going to complain about something dirty, then I know I will need to bring in a cleaner and charge the previous tenant.
I also go in after each move out and take photos of everything, so if you don't have notes or move in photos you may have to write this one off as a lesson for next time.

I would go through your lease paperwork and read all the small print. Perhaps there is something you may have missed??
 

CSO286

Senior Member
I am in Property Management is Oregon.
The current rental agreements say in small print under section 14- security deposits that "owner/agent may deduct the cost of carpet cleaning from the deposit regardless of weather Resident cleans the carpet before delivering possession of the dwelling unit back to owner/agent." You may want to read all the small print on your lease. The leases have changed over the year, so there may not be any wording like this in your lease.
Go through all your lease paperwork and make sure you haven't missed anything.
I give each tenant when they sign their lease a copy of what I expect to be cleaned when they move out. Not all owners/agents do this. I also give them a move in check list. I keep a copy of the paperwork in their file until they return to me the originals with their notes and such. IF they don't return to me, then I have nothing to by by when they move out. I also clean carpets in between each tenant too. We can no longer charge a cleaning fee, but if a place it not clean when a tenant moves out I can certainly charge them for cleaning and deduct from their deposit.
Even if your landlord didn't give you a move in sheet, you should have taken it upon yourself to write one up, and take photos as well.
I have our homes professionally cleaned if a tenant doesn't clean at moveout.. but each tenant will always tell me that their place is cleaner at moveout than it was when they moved in. Never fails. Also, everyone's version of clean is different. If I think my next tenant is going to complain about something dirty, then I know I will need to bring in a cleaner and charge the previous tenant.
I also go in after each move out and take photos of everything, so if you don't have notes or move in photos you may have to write this one off as a lesson for next time.

I would go through your lease paperwork and read all the small print. Perhaps there is something you may have missed??
Perhaps you missed the fact that our OP hasn't been here in over a year?
 

South954

Member
If they do not respond...or do not respond to your satisfaction....your next option is to consider a lawsuit where you attempt to prove to the court that you did not cause these damages. To do so, you would need to show proof of the condition of the rental unit at move in and then at move out. Hopefully you took pictures to back up your claims that this amount was unfairly withheld from your security deposits and that you left the rental unit "spotless" at move out.

.
Wouldn't the burden of proof be on the landlord to bring in pictures beforehand to show that you caused the damage.

Also:

Normal Wear and Tear:

A few small nail holes in the walls from hanging pictures.
A few small stains on the carpet.
A small amount of mildew forming in grout lines in the shower tiles.
Dirty grout.
Tarnish on bathroom fixtures.
Loose handles or doors on kitchen or bathroom cabinets.


Damage:

Multiple/large holes in the walls.
Huge stains or holes in carpet.
Extensive water damage to hardwood floors.
Missing outlet covers.
Missing or damaged smoke or carbon monoxide detectors.
Cracked kitchen or bathroom countertop.
Broken bathroom vanity.
Broken windows.
Broken doors.
Keys not returned at end of tenancy.
 

Ohiogal

Queen Bee
The current rental agreements say in small print under section 14- security deposits that "owner/agent may deduct the cost of carpet cleaning from the deposit regardless of weather Resident cleans the carpet before delivering possession of the dwelling unit back to owner/agent." You may want to read all the small print on your lease. The leases have changed over the year, so there may not be any wording like this in your lease.
But what about weather that the landlord cleans? What if the weather is not dirty weather? Why should the weather matter? Do you delineate in the current rental agreements what the weather must be during cleaning? Move-out? Move-in?

:confused:
















:D;)
 

Banned_Princess

Senior Member
Wouldn't the burden of proof be on the landlord to bring in pictures beforehand to show that you caused the damage.

Also:

Normal Wear and Tear:

A few small nail holes in the walls from hanging pictures.
A few small stains on the carpet.
A small amount of mildew forming in grout lines in the shower tiles.
Dirty grout.
Tarnish on bathroom fixtures.
Loose handles or doors on kitchen or bathroom cabinets.


Damage:

Multiple/large holes in the walls.
Huge stains or holes in carpet.
Extensive water damage to hardwood floors.
Missing outlet covers.
Missing or damaged smoke or carbon monoxide detectors.
Cracked kitchen or bathroom countertop.
Broken bathroom vanity.
Broken windows.
Broken doors.
Keys not returned at end of tenancy.
Are you kidding?
 

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