Oregon-
I rented out a house to a tenant, and when she moved out, she didn't show up at the move-out inspection and she didn't leave a forwarding address. I found damages such as nail holes, a damaged window sill, and the yard was not maintained, etc. The entire deposit was used up to fix the damages. I didn't know I had to send out accounting within a certain time frame because I was thinking that she'd contact me and ask me for the deposit. At that time, I could get her new address and send her the accounting. Two months later, she sent me an email with her new address and asked me to send her her entire deposit back, even though she knew there were damages.
"The law is quite simple...You had 30 days to provide me with the accounting, which you did not do. This now entitles me to treble damages from you - meaning, I get 3 times the deposit amount". She seems to know about the law regarding the 30 day deadline for returning the deposit/sending accounting. I learned this after she threatened to sue if I don't return the entire deposit to her within seven days. She said she had her mail forwarded using the post office, so even if I didn't have her new forwarding address, I will still be held liable. Then, I did some research and checked the Oregon Residential Landlord and Tenant's Act. It seems she was using the Colorado statue instead of Oregon's. I found out there's no specific language on where to send the security deposit or accounting to if the tenant didn't leave a forwarding address. But in Texas statue, it clearly stated in order to hold the landlord liable, the tenant has to give the landlord a written forwarding address for the purpose of refunding the security deposit or accounting. I went to a website about Oregon law,(http://asuorental.uoregon.edu/printable/rentalAgreements.pdf) and on page 8, it said that if a tenant didn't get a refund because the landlord or post office didn't have a forwarding address, the landlord won't be held responsible. My question is whether or not the court will hold me responsible and have me pay twice the withholding amount to the tenant if she didn't give me her forwarding address at all but she gave it to the post office. What should I do in this case? I'm going to send her accounting within a couple of days and time is running out. Please help!
Thank you,
Michael
I rented out a house to a tenant, and when she moved out, she didn't show up at the move-out inspection and she didn't leave a forwarding address. I found damages such as nail holes, a damaged window sill, and the yard was not maintained, etc. The entire deposit was used up to fix the damages. I didn't know I had to send out accounting within a certain time frame because I was thinking that she'd contact me and ask me for the deposit. At that time, I could get her new address and send her the accounting. Two months later, she sent me an email with her new address and asked me to send her her entire deposit back, even though she knew there were damages.
"The law is quite simple...You had 30 days to provide me with the accounting, which you did not do. This now entitles me to treble damages from you - meaning, I get 3 times the deposit amount". She seems to know about the law regarding the 30 day deadline for returning the deposit/sending accounting. I learned this after she threatened to sue if I don't return the entire deposit to her within seven days. She said she had her mail forwarded using the post office, so even if I didn't have her new forwarding address, I will still be held liable. Then, I did some research and checked the Oregon Residential Landlord and Tenant's Act. It seems she was using the Colorado statue instead of Oregon's. I found out there's no specific language on where to send the security deposit or accounting to if the tenant didn't leave a forwarding address. But in Texas statue, it clearly stated in order to hold the landlord liable, the tenant has to give the landlord a written forwarding address for the purpose of refunding the security deposit or accounting. I went to a website about Oregon law,(http://asuorental.uoregon.edu/printable/rentalAgreements.pdf) and on page 8, it said that if a tenant didn't get a refund because the landlord or post office didn't have a forwarding address, the landlord won't be held responsible. My question is whether or not the court will hold me responsible and have me pay twice the withholding amount to the tenant if she didn't give me her forwarding address at all but she gave it to the post office. What should I do in this case? I'm going to send her accounting within a couple of days and time is running out. Please help!
Thank you,
Michael