Monday, February 23, 2015

My old landlord had someone deliver a letter of intent to keep my deposit, plus billed me for an additional $945 dollars for repairs that I ...

Question

My old landlord had someone deliver a letter of intent to keep my deposit, plus billed me for an additional $945 dollars for repairs that I intend to dispute. They have made false accusations against me, charging me for dry rot, repairs that were not caused by me. I lived there for just over a year and it is ridiculous that I am being charge $1500 for repairs beyond wear and tear.

My question is this; they had a letter of explanation delivered to my new residence on the 31st day (which is within Oregon Law) however, I was not home and whomever delivered it made my 13 year old son sign for it. He is not on the lease and it is my understanding that it be delivered to the person listed on the lease. Not sure what to do. I refuse to pay for things I did not do.



Answer

I think your claims about the timing and the delivery of the notice are pretty unlikely to succeed. There might be a technical argument to be made, but if the accounting was sent to your forwarding address and delivered on the day it was due, I can't imagine a judge providing you with statutory damages.

As for the repairs and the security deposit accounting, they're usually quite fact dependent and a judge can weigh the evidence in front of them--your pictures and testimony and your landlord's pictures, testimony, and receipts and make a determination. The prevailing party is entitled to their attorney fees, so you should consult with your own attorney. If you have a good case, an attorney might take it for free.

Either you or your landlord could also take your claims to small claims court.



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