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PDF Editor FAQ

Can a legal professional provide some vague and general guidance, not a legal opinion, on my landlord-tenant issue?

While it sounds as if you acted reasonably, nothing is ever completely certain. So let me play devil’s advocate here.First, let’s begin with a summary of Oregon law, as presented by the Oregon Community Alliance of Tenants. (That doesn’t mean it’s guaranteed to be accurate, though.):Getting Your Deposit BackLandlords must provide the applicant with a written list of all deposits, fees, and rent that are charged before landlord enters into new written rental agreement with an applicant or accepts any payment from an applicant. A landlord must supply a receipt for any security deposit paid by the tenant ORS 90.300(2).Under Oregon State Law, Landlords are required to either return deposits or provide a written explanation as to how all or part of the deposit is being used within 31 days after a tenant has turned in the keys (ORS 90.300(10)).∞ Deposits may be used to pay all unpaid rent and fees, and damages caused by tenant that are beyond normal wear and tear.∞ You are responsible for thoroughly cleaning your home before moving out. Try to leave your home in as good (or better) condition as when you moved in.∞ Check your rental contract. Sometimes there are rules listed in it about how landlords deduct cleaning costs from the deposit.∞ Make sure you have given the appropriate written notice to move out (usually at least 30 days) and have turned in your keys!∞ Also, make sure the landlord has a forwarding address for you.∞ If you haven’t moved out yet, you should walk through the apartment with the landlord to discuss its condition. During the “walk through” you can ask a friend or family member who doesn’t live with you to acompany you as a witness. Fill out a Unit Condition Report Form which both you and the landlord should sign. This sheet describes the condition of the entire apartment. Make and keep a copy! At the end of the “walk through” ask your landlord for an estimate of the deposit he or she will return to you.It appears that you did a lot of things correctly. You:Returned the balance of the deposit within 30 days.Provided a detailed explanation of deductions.Appear not to be required to do a move-out walk-though with the tenants.But let me get really, really picky.Did you: “provide the applicant with a written list of all deposits, fees, and rent that are charged before landlord enters into new written rental agreement with an applicant or accepts any payment from an applicant”? You say that the cleaning fee labor rate was listed in the lease. That’s good, but you were required to provide that and other charges to the applicant before the lease is signed. Did you? Uh oh.Did you provide the tenant a receipt for the security deposit?Did you give your tenant an EPA-approved pamphlet on lead paint? (That’s required by law.) Also, did you disclose any known lead paint issues? See The Lead Disclosure Rule - HUDWho performed the cleaning at $30 an hour? It may or may not be a problem if you did it yourself. For example, from a tax standpoint (I’m not an accountant, so this isn’t tax advice), if you yourself perform a service at a rental property, you can’t charge for your own time. However, if you hire someone to do the work, the amount paid to that person is deductible. I have no idea how Oregon views the question of charges to a tenant based on work you did yourself . . . if you were the one who did the cleaning.Was the person a tenant or a lodger? It’s possible—in fact, there’s a decent chance—that because you were renting out a room in your house, that person was legally a lodger, not a tenant. Here’s a discussion of the difference: What Is The Difference Between a Tenant and a Lodger? The good news is that it seems like it’s simpler to get rid of a lodger. The bad news is: There may be other requirements that you didn’t follow, acting on the assumption that the person was a tenant when in fact he was a lodger. These include requirements involving the lodger as well as requirement regarding licensing and operation.Those are just a few issues that might come up. Honestly, I doubt that they will. But you never know . . . and you should be prepared just in case they do. And there are some steps you can take—possible areas of past deficiencies on your part—to better protect yourself in the future.Oh, and don’t forget to check with your homeowners’ insurance company to determine if your policy might be voided if a tenant or lodger is involved in a claim against your policy.And just to emphasize: I’m not a lawyer or an accountant. Also, I’m licensed only in Virginia, not in Oregon. So none of this should be considered legal or tax advice. But, considering the issues I’ve raised, you may want to talk to a lawyer.

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