Landlord -Tenant

[TDW2024]

Oregon- our tenant moved out. We had a property management company. The tenant damages were around 10k. Are we able to go recoup these cost from the tenant? Do we have a time limit? The management company has not been very helpful. Do I have any recourse? Thanks for your time.

 

[adjusterjack]

Here's the Oregon landlord tenant laws. Might save you some typing.

Oregon Revised Statutes Chapter 90 (2021) - Residential Landlord and Tenant :: 2021 Oregon Revised Statutes :: US Codes and Statutes :: US Law :: Justia

 

[quincy]

Oregon- our tenant moved out. We had a property management company. The tenant damages were around 10k. Are we able to go recoup these cost from the tenant? Do we have a time limit? The management company has not been very helpful. Do I have any recourse? Thanks for your time.

What was the amount of the security deposit? What sort of damages do you want to collect on? How long ago did the tenant move out?

Yes, you have recourse. You can sue the tenant for damages that exceed the security deposit.

Your property management company should have sent to the tenant the damage claim and amount of deductions from the security deposit and what is owing.

 

[LdiJ]

Oregon- our tenant moved out. We had a property management company. The tenant damages were around 10k. Are we able to go recoup these cost from the tenant? Do we have a time limit? The management company has not been very helpful. Do I have any recourse? Thanks for your time.

You sound like you are somewhat new to the landlord business, therefore I am going to give you advice accordingly.

You can certainly withhold the security deposit towards valid damages. You can certainly sue for the remainder of the damages that the security deposit doesn't cover. However, your odds of collecting 10k from a former tenant in the short term are slim to none, and in the long term could be equally as slim. Not necessarily because you couldn't win a lawsuit, but because the tenant is unlikely to have any assets that you can attach once you win a lawsuit. The courts only give you a judgment, they don't collect the money for you.

Now, it is very important to understand what damages you can and cannot claim. You cannot claim damages for normal wear and tear. For example, if the tenant lived there 5 years and you never painted the interior during those 5 years, then you aren't going to be able to claim damages for damage to paint. Paint does not have a useful life of more than 2-3 years so you would have had to paint before a new tenant moved in anyway. Another example, lets say the carpet was seriously stained, but the carpet was 10 years old. You aren't going to be able to claim any damages for the carpet because it was past its useful life. (5-7 years). However, if they damaged a good quality carpet that was new or newer when they moved in, you could claim damages for the depreciated value of the carpeting. So, if it was 7 year carpeting (pretty high end) and it was 4 years old when they moved out, then 4 of it's 7 years were used up. You could charge them for 3/7ths of the cost of the carpeting.

So, keep all of that in mind when assessing damages. There is always cost to the landlord when one tenant moves out and another moves in. The longer the old tenant lived in the home the greater those costs generally are. You generally cannot charge a tenant for items that are already past their useful life.

 

[TDW2024]

Oregon- our tenant moved out. We had a property management company. The tenant damages were around 10k. Are we able to go recoup these cost from the tenant? Do we have a time limit? The management company has not been very helpful. Do I have any recourse? Thanks for your time.

Thanks for the responses. The tenant moved out in late October. There were quite few repairs and it has taken a while to bring the property back. I am curious at this point if we can go to the property management company and recoup costs. It seems there is some negligence on their part. Thoughts? Thanks again.

 

[adjusterjack]

I am curious at this point if we can go to the property management company and recoup costs.

Read your contract. I'll bet that there are disclaimers and waivers in there that you agreed to.

Your chances of ever seeing $10,000 from the tenants or the management company are slim to none.

My advice: Fire the management company, sell the property, and never be a landlord ever again.

 

[FarmerJ]

prior to the tenant that moved out when was the last time the unit was inspected by YOU or by the property management company to check the units condition? If your going to keep the property and use a property management firm you want to make sure they do periodic inspections ( Make sure its in writing in the contract with the PM firm that they periodically inspect the unit) or just plan for doing it your self with proper notice to the tenant so this way you might be able to prevent damages growing because NO ONE is inspecting the unit on a periodic basis. ( do not inspect so frequently that it is disruptive)

 

[LdiJ]

Thanks for the responses. The tenant moved out in late October. There were quite few repairs and it has taken a while to bring the property back. I am curious at this point if we can go to the property management company and recoup costs. It seems there is some negligence on their part. Thoughts? Thanks again.

I once again repeat that winning a lawsuit and actually collecting on a lawsuit are two different things. I also agree with the previous advice that your contract with the management company probably includes waivers and disclaimers.

 

[zddoodah]

Are we able to go recoup these cost from the tenant?

You're able to sue. Whether you'll be able to collect is obviously impossible for anyone here to know. Make sure you follow the applicable law regarding the security deposit.

Do we have a time limit?

A time limit to sue? Yes. I don't know what it is, but it will likely be somewhere between 1-6 years from the date the tenant surrendered possession of the premises.

I am curious at this point if we can go to the property management company and recoup costs. It seems there is some negligence on their part.

In what way was the property management company negligent? What does your contract with the management company say about this sort of thing?

 

[quincy]

Thanks for the responses. The tenant moved out in late October. There were quite few repairs and it has taken a while to bring the property back. I am curious at this point if we can go to the property management company and recoup costs. It seems there is some negligence on their part. Thoughts? Thanks again.

Did you notify the tenant within 31 days after termination of the tenancy, by personal delivery or by first class mail, of damages being assessed against the security deposit and of amounts claimed in excess of security deposit? If not, you may be held liable to the tenant for twice the amount of the security deposit.

The property management company should have handled the damages notice to the tenant, and notice of security deposit withholding, for you. A failure on their part to do this potentially could lead to a supportable action against them. A properly-managed property should never have been left with $10,000 worth of damages unless this damage was done by the tenant at the time of move out and was beyond the property manager’s ability to control.

There is a 6 year statute of limitations for filing suit over property damage. You can file suit in a small claims court in Oregon if your claim does not exceed $10,000.

 

[LdiJ]

Did you notify the tenant within 31 days after termination of the tenancy, by personal delivery or by first class mail, of damages being assessed against the security deposit and of amounts claimed in excess of security deposit? If not, you may be held liable to the tenant for twice the amount of the security deposit.

The property management company should have handled the damages notice to the tenant, and notice of security deposit withholding, for you. A failure on their part to do this potentially could lead to a supportable action against them. A properly-managed property should never have been left with $10,000 worth of damages unless this damage was done by the tenant at the time of move out and was beyond the property manager’s ability to control.

There is a 6 year statute of limitations for filing suit over property damage. You can file suit in a small claims court in Oregon if your claim does not exceed $10,000.

I agree with all of this, but I will also point out the lack of details or response to some of the posts. It may be true damage in the amount of 10k or a lot of it may be normal wear and tear. The management company might have been negligent, or the management company's lack of cooperation may be due to the fact that the OP doesn't understand what is normal wear and tear.

 

[quincy]

I agree with all of this, but I will also point out the lack of details or response to some of the posts. It may be true damage in the amount of 10k or a lot of it may be normal wear and tear. The management company might have been negligent, or the management company's lack of cooperation may be due to the fact that the OP doesn't understand what is normal wear and tear.

Yes, questions remain.

TDW2024 can discuss more thoroughly his options with an attorney in his area. An attorney, however, will not be able to appear in small claims court with him.*



*there are a few exceptions