(Oregon) What should I do if my former landlord simply ignores my requests for security deposit explanation?

[Pikop_Andropov]

I'm based in Clackamas County, Oregon for jurisdictional reference.

So I’m trying to dispute a professional cleaning charge that my former landlord appears to charge all tenants across the board, regardless of the actual condition of the unit after move out. AFAIK, this is not legally permitted in Oregon (please correct me if I’m wrong). Furthermore, my unit was left in excellent condition, and the landlord has agreed. But when I push further and ask for an explanation for this cleaning charge– I get crickets.

They have provided a general accounting statement within the legal time frame. However, now that I am disputing a specific charge on this statement, they don’t appear to have any obligation to continue speaking with me. I have emailed (3 times) and sent a letter to their corporate office (which they recommend) in regards to this dispute and have heard nothing back.

I’ve now received an auto-generated email that warns my bill is to be sent to collections unless I set up a payment plan. I have also indicated in my communications my desire to set up a payment plan, to no avail.

Any advice would be appreciated! Thank you.

--Dan

 

[quincy]

I'm based in Clackamas County, Oregon for jurisdictional reference.

So I’m trying to dispute a professional cleaning charge that my former landlord appears to charge all tenants across the board, regardless of the actual condition of the unit after move out. AFAIK, this is not legally permitted in Oregon (please correct me if I’m wrong). Furthermore, my unit was left in excellent condition, and the landlord has agreed. But when I push further and ask for an explanation for this cleaning charge– I get crickets.

They have provided a general accounting statement within the legal time frame. However, now that I am disputing a specific charge on this statement, they don’t appear to have any obligation to continue speaking with me. I have emailed (3 times) and sent a letter to their corporate office (which they recommend) in regards to this dispute and have heard nothing back.

I’ve now received an auto-generated email that warns my bill is to be sent to collections unless I set up a payment plan. I have also indicated in my communications my desire to set up a payment plan, to no avail.

Any advice would be appreciated! Thank you.

--Dan

What does/did your lease say about a professional cleaning charge after move-out? Or did it not say anything at all?

 

[quincy]

Here are the laws on security deposits and move-out costs:

https://oregon.public.law/statutes/ors_90.300

https://oregon.public.law/statutes/ors_90.302

 

[Pikop_Andropov]

What does/did your lease say about a professional cleaning charge after move-out? Or did it not say anything at all?

The lease actually doesn’t mention any professional cleaning charge–except the carpet cleaning, which I have also been charged for separately and am not disputing.

The only reason I became aware of this professional cleaning charge just prior to move out is that I was provided a last minute hand-out that describes in further detail what is expected in terms of cleaning and the general condition of the apartment and it’s in this handout that their policy of charging a professional cleaning fee– apparently, regardless of the actual condition of the apartment– is revealed. At least, that is how I have interpreted it. This is the specific wording: “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount.”

For further context, this is the full text that the above quote came from:

Security deposits are imposed by Management for the purposes of covering expenses incurred from move-outs, including but not limited to, cleaning, repair / replacement of items and damages over and above "normal wear & tear". In addition, security deposits can be applied to outstanding rent, late fees and other charges.

Our goal is to return the original security deposit paid at move-in. This means we expect to receive the apartment in the same condition it was provided upon move-in, again taking into consideration several factors as mentioned above.

"Normal wear and tear" refers to the depreciation of an apartment unit based on what an average person would deem as "reasonable", also factoring length of residency. For example, a carpet has a general useful life of ten (10) years and "normal wear and tear" would include regular walking traffic patterns or dents from furniture placement throughout the duration of this length of residency.

Abnormal wear & tear refers to the depreciation of an apartment unit based on what an average person would deem as "unreasonable". For example, a carpet with cuts, holes, burns or irregular stains would be deemed as "abnormal wear & tear", and thus, billed to the resident accordingly.

After tendering notice, review the included Cleaning Procedures to ensure appropriate cleaning is performed prior to vacating the apartment unit to avoid additional charges. We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount.

I took the above notice as a pretty good defining factor for their interpretation of what constitutes “wear and tear” and what would be considered “beyond” that measure. And according to their own definition, I have not left the apartment in any condition that would be considered “beyond” wear and tear. I have them stating in writing that I left the unit in “good condition” which I can back up with photos and videos. This is why I am even more convinced that when they state “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount” they mean just that– that regardless of the actual condition of the unit, tenants are uniformly billed for cleaning (presuming this handout wasn’t exclusively given to me!)– and this constitutes a cleaning “fee” which is not permitted in the state of Oregon (AFAIK).

It is my general understanding that landlords are not permitted to pass along the “costs of doing business” to the tenants, and the cost of turning over an apartment would be considered that type of expense (I know this sentiment is somewhat naive– I understand quite well that these costs are passed along regardless of the law, proven by the astronomical monthly rent we pay here in Oregon– my studio apartment was $1600 a month!)

At this juncture, I have merely been politely asking for them to provide an explanation of what specifically needed cleaning in the apartment so that I could understand the need for hiring a professional cleaning service and they have gone effectively radio silent.

I will take a look at those links you've provided regarding the specific statutes on this topic-- Thank you for your response!

--Dan

 

[LdiJ]

The lease actually doesn’t mention any professional cleaning charge–except the carpet cleaning, which I have also been charged for separately and am not disputing.

The only reason I became aware of this professional cleaning charge just prior to move out is that I was provided a last minute hand-out that describes in further detail what is expected in terms of cleaning and the general condition of the apartment and it’s in this handout that their policy of charging a professional cleaning fee– apparently, regardless of the actual condition of the apartment– is revealed. At least, that is how I have interpreted it. This is the specific wording: “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount.”

For further context, this is the full text that the above quote came from:



I took the above notice as a pretty good defining factor for their interpretation of what constitutes “wear and tear” and what would be considered “beyond” that measure. And according to their own definition, I have not left the apartment in any condition that would be considered “beyond” wear and tear. I have them stating in writing that I left the unit in “good condition” which I can back up with photos and videos. This is why I am even more convinced that when they state “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount” they mean just that– that regardless of the actual condition of the unit, tenants are uniformly billed for cleaning (presuming this handout wasn’t exclusively given to me!)– and this constitutes a cleaning “fee” which is not permitted in the state of Oregon (AFAIK).

It is my general understanding that landlords are not permitted to pass along the “costs of doing business” to the tenants, and the cost of turning over an apartment would be considered that type of expense (I know this sentiment is somewhat naive– I understand quite well that these costs are passed along regardless of the law, proven by the astronomical monthly rent we pay here in Oregon– my studio apartment was $1600 a month!)

At this juncture, I have merely been politely asking for them to provide an explanation of what specifically needed cleaning in the apartment so that I could understand the need for hiring a professional cleaning service and they have gone effectively radio silent.

I will take a look at those links you've provided regarding the specific statutes on this topic-- Thank you for your response!

--Dan

This may provide you some assistance:

https://www.courts.oregon.gov/help/pages/landlord-tenant.aspx#:~:text=Oregon Judicial Department : Landlord - Tenant,Help Center : State of Oregon

 

[quincy]

The lease actually doesn’t mention any professional cleaning charge–except the carpet cleaning, which I have also been charged for separately and am not disputing.

The only reason I became aware of this professional cleaning charge just prior to move out is that I was provided a last minute hand-out that describes in further detail what is expected in terms of cleaning and the general condition of the apartment and it’s in this handout that their policy of charging a professional cleaning fee– apparently, regardless of the actual condition of the apartment– is revealed. At least, that is how I have interpreted it. This is the specific wording: “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount.”

For further context, this is the full text that the above quote came from:



I took the above notice as a pretty good defining factor for their interpretation of what constitutes “wear and tear” and what would be considered “beyond” that measure. And according to their own definition, I have not left the apartment in any condition that would be considered “beyond” wear and tear. I have them stating in writing that I left the unit in “good condition” which I can back up with photos and videos. This is why I am even more convinced that when they state “We will hire a professional cleaning company to sanitize the apartment unit. We will charge back to the Resident the invoice amount” they mean just that– that regardless of the actual condition of the unit, tenants are uniformly billed for cleaning (presuming this handout wasn’t exclusively given to me!)– and this constitutes a cleaning “fee” which is not permitted in the state of Oregon (AFAIK).

It is my general understanding that landlords are not permitted to pass along the “costs of doing business” to the tenants, and the cost of turning over an apartment would be considered that type of expense (I know this sentiment is somewhat naive– I understand quite well that these costs are passed along regardless of the law, proven by the astronomical monthly rent we pay here in Oregon– my studio apartment was $1600 a month!)

At this juncture, I have merely been politely asking for them to provide an explanation of what specifically needed cleaning in the apartment so that I could understand the need for hiring a professional cleaning service and they have gone effectively radio silent.

I will take a look at those links you've provided regarding the specific statutes on this topic-- Thank you for your response!

--Dan

Landlords in Oregon apparently can recover the costs of professional carpet cleaning (if certain conditions are met) and landlords apparently can recover for money lost on the unit during the time spent on cleaning and repairs after the tenant has vacated the property. The landlord must refund any unused funds within 31 days.

As a note, the $1600 a month for a studio rental is a lot of money but, unfortunately, rents are high everywhere. At least you don’t live in New York City, where studio apartments easily rent for over $3000.

 

[adjusterjack]

I will take a look at those links you've provided regarding the specific statutes on this topic-

Yes, do read them.

If you believe that the LL is not complying with the statutes then your option is to sue in small claims court for whatever the law allows.