Timing of security deposit

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What is the name of your state? Oregon
Rented 2/2 house for 2 years . Last lease said the the lease term ends August 30th . It was a 3 month lease. Lease is online and link can be sent .
The lease also said deposit will be returned returned within 30 days .
State of Oregon says you have says 31 days to get deposit back .
The check was mailed on Monday , October 1st .
The 30th day was Saturday and 31st was Sunday at end of September 2007 .
So - was the return deposit late having been postmarked October 1st , and if so can I sue for double the deposit ?
They kept half the $1000 deposit for cleaning carpets and house . Lease said $50 for cleaning carpets and I cleaned and photograped the house from top to bottom before moving .
Can someone clarify if I have recourse in small claims for the late return of the deposit ?? The law says double the deposit , but it also gives 31 days .
Which takes precedence , state law or signed dated lease ???
I think the lease does . Thank you very much for your expertise .

 

[BL]

Take all your proofs and sue in court .

http://www.rentlaw.com/dep/ordeposit.htm

 

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reply from arrow to Blond Lebinese

Hi -I read th link twice .
Lease says :
" receipt of $925 as a deposit to indemnify owner against damage to the property and the residents fulfillment of the conditions of this agreement . Deposit will be returned less $50 carpet cleaning charge 30 days after end of lease term if : "
rent must be paid , residence is not damaged and left in original condition normal wear and tear expected , management has final bills " , etc . , etc .

Does this says they can take $210 for cleaning and $135 for carpet cleaning . Mind you , I have photos of most of the place after I finished cleaning .
Also can you clarify about the date the final check came ; re: dates .
Thanx

 

[HomeGuru]

Hi -I read th link twice .
Lease says :
" receipt of $925 as a deposit to indemnify owner against damage to the property and the residents fulfillment of the conditions of this agreement . Deposit will be returned less $50 carpet cleaning charge 30 days after end of lease term if : "
rent must be paid , residence is not damaged and left in original condition normal wear and tear expected , management has final bills " , etc . , etc .

Does this says they can take $210 for cleaning and $135 for carpet cleaning . Mind you , I have photos of most of the place after I finished cleaning .
Also can you clarify about the date the final check came ; re: dates .
Thanx

**A: take L to court on the two counts.

 

[FarmerJ]

Bring your photos to court with you and show them to the court and let the court decide if the LL acted unfairly. If your LL doesnt have pics or proofs showing other wise my guess is that the LL will get little sympathy from the court.

 

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Further

Can you clarify anything about the dates of the returned check ?
Graze!!

 

[BL]

Can you clarify anything about the dates of the returned check ?
Graze!!

Last lease said the the lease term ends August 30th
State of Oregon says you have says 31 days to get deposit back
The check was mailed on Monday , October 1st
The 30th day was Saturday and 31st was Sunday at end of September 2007

Not so :
Failure to Return Deposit in Oregon
Within 30 days after you move and return your keys, the landlord must either return all of your deposit or tell you in writing why all of it is not being refunded. Read your rental agreement to find out how the landlord may use the deposit money.If the landlord does not return the right amount of your money, or does not give you a written explanation, you may sue asking for twice the amount wrongfully withheld. If the landlord refunds only part of the deposit, you can cash the check and still sue the landlord if you think you are owed more money. But you should be ready to defend yourself against a possible counterclaim by the landlord for property damages. Read Rentlaw.com's Normal Wear and Tear Guide for information on what to do when moving out to improve your chances of getting your deposit back.

So - was the return deposit late having been postmarked October 1st , and if so can I sue for double the deposit ?

See above , appearantly you did not read far enough down on the site .

 

[OHlandlord]

I can't tell you how they normally rule in that state's court. But a statement that arrived or was mailed only a day or two late would not be seen as bad faith on the part of the LL here. (It might be attributed to a simple miscalculation.) In my state, receiving a statement and check a couple days late would not prove wrongful withholding. Since it as not bad faith or wrongful withholding (knowingly withholding for false charges) it would not be awarded double damages here.

Still, some of the damages he witheld may not be correct. If you feel the charges are incorrect, you may challenge them in court. Show up with all your photos and evidence and allow the judge to make the decision. That's what our court system is there for.

 

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Blonde Lebinese

Apparently there is something wrong here .
I did NOT come to this site to have quotes from sites with incorrect information , cut and pasted , as answers
http://www.thelpa.com/lpa/landlord-tenant-law/oregon-landlord-tenant-law.html#rental agreements is wrong . The LAW says 31 days in Oregon .
This site has incorrect information and you never even bothered to check 90.300 sub 10 of the Oregon statutes .
I do not need lazy blondes who do not even now how to spell the name of their country , giving wrong answers to people who come here for answers when they think they are in trouble . Get a grip please - maybe you need a vacation to Lebanon - I certainly do not need your lame advice .

 

[BL]

Apparently there is something wrong here .
I did NOT come to this site to have quotes from sites with incorrect information , cut and pasted , as answers
http://www.thelpa.com/lpa/landlord-tenant-law/oregon-landlord-tenant-law.html#rental agreements is wrong . The LAW says 31 days in Oregon .
This site has incorrect information and you never even bothered to check 90.300 sub 10 of the Oregon statutes . I do not need lazy blondes who do not even now how to spell the name of their country , giving wrong answers to people who come here for answers when they think they are in trouble . Get a grip please - maybe you need a vacation to Lebanon - I certainly do not need your lame advice .

I stand corrected then ,

The rest of your insults are uncalled for and is a TOS violation.

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[Zigner]

Apparently there is something wrong here .
I did NOT come to this site to have quotes from sites with incorrect information , cut and pasted , as answers
http://www.thelpa.com/lpa/landlord-tenant-law/oregon-landlord-tenant-law.html#rental agreements is wrong . The LAW says 31 days in Oregon .
This site has incorrect information and you never even bothered to check 90.300 sub 10 of the Oregon statutes .
I do not need lazy blondes who do not even now how to spell the name of their country , giving wrong answers to people who come here for answers when they think they are in trouble . Get a grip please - maybe you need a vacation to Lebanon - I certainly do not need your lame advice .

Ok Arrow - since you want to count the seconds until you moved...are you counting the day you moved as the first day? What hour did you move?
You are not likely to prevail on a 1-day difference...and your LL can STILL get the money he needs for the repairs and etc. through the court.

 

[Zigner]

When did you return the keys?