Keeping security deposit ( I didn't move ) Oregon

[gogowarden]

What is the name of your state (only U.S. law)? Oregon

Hi i put down $1000 security deposit for a home rental. Well today my mortage company called and thinks i may be able to save my house. I called to get my deposite back on the rental and they said i was responsible for one months rent because they had taken it off the market for a week.

My receipt doesn't say non-refundable. Can they keep my money? I feel obligated to pay maybe $100 but they want to keep $900 and that's a alot for me right now.

I didn't sign a lease or rental agrement

 

[Alaska landlord]

The landlord should charge you for all cost relating to advertising and loss wages till the unit is rented. Until then he can hold your deposit. You need to stay on top of it and make it a point to find out when the unit is rented again. You get back whatever is left once someone takes possession.

 

[Gail in Georgia]

Was this a "holding fee" or a "security deposit"?

It makes a difference. Typically a "holding fee" is your agreement to take the unit off the market and hold it for you. These fees are lost should the potential tenant change their mind.

Gail

 

[Mass_Shyster]

My receipt doesn't say non-refundable.

I didn't sign a lease or rental agrement

What DOES your recepit say?

What DID you sign?

 

[Cvillecpm]

Jeeze - you had $1,000 and could not pay your mortgage? You should have been talking to your bank/mortgage co and been saving $$$ to pay your mortgage.

Ask for your $1,000 back IN WRITING and don't be surprised if they say NO

 

[gogowarden]

Hi guys my receipt says for security deposit. I didn't sign any paperwork.

Cvillecpm.... I have been talking to my mortage co for three months and they always said they couldn't help. Now with Obama plans they say they might be able to help me.

 

[gogowarden]

Today she said because i gave her a security deposit that is a month to month contract until i was to sign a year lease. Is that right?

The underline sentances below seem to help my case if there is no lease. Or was i somehow in a month to month lease and not know?

Landlord tentant act

90.297 Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy. (1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit.
(2) A landlord may charge a deposit, however designated, to an applicant for the purpose of securing the execution of a rental agreement, after approving the applicant’s application but prior to entering into a rental agreement. The landlord must give the applicant a written statement describing the terms of the agreement to execute a rental agreement and the conditions for refunding or retaining the deposit. (a) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit. (c) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute, within four days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant.
(3) If a landlord fails to comply with this section, the applicant or tenant, as the case may be, may recover from the landlord the amount of any fee or deposit charged, plus $100. [1995 c.559 §11; 2001 c.596 §30]

 

[Cvillecpm]

Kudos to your not-to-be landlord. She dodged a bullet with you. I hope you sue her in Small Claims and have to tell your story to the judge and the people in the courtroom.