Cleaning, Repairs Landlord charged us for "dusting"

carotte

New Member
Jurisdiction
Oregon
After moveout, we received a check returning our security deposit for considerably less money that we expected. When we contacted our former landlord the agent explained that they charged us a $90 fee for "(...) dusting and wiping down surfaces as well as cleaning toilets to ensure a fresh environment for the next tenant", and added, "Usually we charge a Fee of $290 but I only charged $90 for spiff as it did not need a full clean." As the agent admitted, the apartment was returned in impeccable clean condition, and we also took care of mudding and painting all the holes on the walls (which we didn't have to). We even performed a move-out inspection with the maintenance manager, who thanked us for the effort and signed a document claiming that "everything looked great." After disputing the fairness of the charge, the landlord claimed that no money will be returned as we have signed an addendum that states that "charges may be assessed for cleaning/repair/replacement, based upon condition of the unit at move-out." Since the charges have been made a month after the move-out date, and in spite of our demands, they have not sent us proof of their claims, nor the cleaning bill, are they in their legal right to charge us for a cleaning service, when the apartment, at move-out, was returned thoroughly cleaned?

On a separate but related matter, can we sue our former landlord for failing to mail our account balance and security deposit within 30 days of our move-out date?
 
It's 31 days, not 30 days.

Paragraph 13 of the security deposit statute:

The landlord shall return to the tenant the security deposit or prepaid rent or the portion of the security deposit or prepaid rent that the landlord does not claim in the manner provided by subsections (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord.

Oregon Revised Statutes § 90.300 (2021) - Security deposits; prepaid rent. :: 2021 Oregon Revised Statutes :: US Codes and Statutes :: US Law :: Justia

If it wasn't "returned" to you by close of business on the 31st day, you can sue for twice the amount "withheld" per Paragraph 16:

(16) If the landlord fails to comply with subsection (13) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the money due in an amount equal to twice the amount:

(a) Withheld without a written accounting under subsection (12) of this section; or

(b) Withheld in bad faith.


The best you can hope for in small claims court is twice $90 = $180 and you will have to prove, not just say, withheld in bad faith because he did give you an accounting even though you believe it was not appropriate. "Bad faith" carries a high burden of proof and, frankly, I don't see it here, not for $90 for dusting and wiping.

It's up to you to decide if it's worth risking the filing and process service fees and taking time off from work to go to court, which you don't get compensated for.
 
Hello adjusterjack,

Thank you for your reply. Kindly clarify the following for me: can a landlord decide that dusting is not considered normal wear and tear, or is there a law that specifies what NWT entails? According to ORS 900.300 a landlord cannot charge a tenant for normal wear and tear.
 
Hello adjusterjack,

Thank you for your reply. Kindly clarify the following for me: can a landlord decide that dusting is not considered normal wear and tear, or is there a law that specifies what NWT entails? According to ORS 900.300 a landlord cannot charge a tenant for normal wear and tear.

Can is explained by he did, so obviously he can. He most likely thinks you will not sue over $90.00.
 
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