twentyminutes20
New Member
- Jurisdiction
- Oregon
I rent a room from my landlord who is also my roommate, and I rented my room partially furnished. I am due to move out in a little over a month, and my roommate/landlord recently sent me a list of complaints that I believe she intends to attempt to seek damages for. Additionally, I am out of town at the moment and am not able to check on her complaints or to take photographs documenting the state of things.
There are a few things I am willing to concede damages for and to have the associated costs withheld from my security deposit. These include: damage to landlord's dresser which was in my room (a candle burned out on it and caused a round burn mark on the dresser), damage to the door frame (I hung a coat hanger over the door and despite putting protective felt over the hanger it caused damage to the wood on the door frame). I apologized for both of these when they occurred and made it clear to her I was willing to pay damages from my security deposit from them. I also agree to pay to replace a spatula I had damaged, and pillows and a comforter I had used while staying.
However, she is now claiming the following:
-Damage to the wall and chair from dining room chair being smacked into it. I don't remember doing this (it actually could have been her since it's in a common area), don't know about any damage and if there is any I don't believe it is in excess of expected wear and tear - even if she's correct I can't imagine it would be any worse than a small dent in one spot, again I'm not aware of this and am not there to check.
-She is sensitive to scents and is complaining that I have used strong scents in my room and they might linger in the mattress and shades. There is nothing in the lease stating that I cannot use scents in my room, she mentioned her sensitivity to me once after I had already moved in and I made an effort to accommodate this especially in common areas, I did not hear anything else from her since then until now so I thought what I was doing was fine. I am concerned she will try to make me pay to replace the mattress and shades because of the scents.
-I sometimes keep the window open with the blinds down, and she is now complaining that this causes damage to the blinds. They are not torn, stained, or missing, or even dirty as far as I can tell, and I don't believe there is any damage to them in excess of wear and tear, but again I'm concerned she expects me to pay to replace them.
-I have a rolling chair in my room. She is complaining that it may have damaged the floor. Again, I'm not there to check but I don't believe there is any damage in excess of ordinary wear and tear. Again, I'm concerned she will expect me to pay costs for refinishing the entire wooden floor.
-Additionally, she claims there is a small ring on the living room coffee table, and a few small splatters in the bathroom curtain that cannot be removed by washing. Again, I'm not aware of these and am not there to check, and in any case don't think they are in excess of ordinary wear and tear.
There is nothing in the lease to address any of this, just the usual provisions regarding wear and tear, and additionally she did not mention these complaints or concerns to me before sending me this email. There is a clause in the lease saying if there is an issue that we can't resolve we must proceed to mediation and if that doesn't resolve it can go to court.
So what I would like some advice on is the following:
-Is she being reasonable in her complaints? Do you think they constitute an excess of ordinary wear and tear and that she would have a case if we went to mediation or to court?
-What can I do to protect myself in case this escalates, especially given that I am out of town until next week and cannot be there to document the condition of the premises? How can I document, communicate, respond, etc. in a way that protects myself legally and financially from any further escalation?
Thank you for any comments or suggestions.
There are a few things I am willing to concede damages for and to have the associated costs withheld from my security deposit. These include: damage to landlord's dresser which was in my room (a candle burned out on it and caused a round burn mark on the dresser), damage to the door frame (I hung a coat hanger over the door and despite putting protective felt over the hanger it caused damage to the wood on the door frame). I apologized for both of these when they occurred and made it clear to her I was willing to pay damages from my security deposit from them. I also agree to pay to replace a spatula I had damaged, and pillows and a comforter I had used while staying.
However, she is now claiming the following:
-Damage to the wall and chair from dining room chair being smacked into it. I don't remember doing this (it actually could have been her since it's in a common area), don't know about any damage and if there is any I don't believe it is in excess of expected wear and tear - even if she's correct I can't imagine it would be any worse than a small dent in one spot, again I'm not aware of this and am not there to check.
-She is sensitive to scents and is complaining that I have used strong scents in my room and they might linger in the mattress and shades. There is nothing in the lease stating that I cannot use scents in my room, she mentioned her sensitivity to me once after I had already moved in and I made an effort to accommodate this especially in common areas, I did not hear anything else from her since then until now so I thought what I was doing was fine. I am concerned she will try to make me pay to replace the mattress and shades because of the scents.
-I sometimes keep the window open with the blinds down, and she is now complaining that this causes damage to the blinds. They are not torn, stained, or missing, or even dirty as far as I can tell, and I don't believe there is any damage to them in excess of wear and tear, but again I'm concerned she expects me to pay to replace them.
-I have a rolling chair in my room. She is complaining that it may have damaged the floor. Again, I'm not there to check but I don't believe there is any damage in excess of ordinary wear and tear. Again, I'm concerned she will expect me to pay costs for refinishing the entire wooden floor.
-Additionally, she claims there is a small ring on the living room coffee table, and a few small splatters in the bathroom curtain that cannot be removed by washing. Again, I'm not aware of these and am not there to check, and in any case don't think they are in excess of ordinary wear and tear.
There is nothing in the lease to address any of this, just the usual provisions regarding wear and tear, and additionally she did not mention these complaints or concerns to me before sending me this email. There is a clause in the lease saying if there is an issue that we can't resolve we must proceed to mediation and if that doesn't resolve it can go to court.
So what I would like some advice on is the following:
-Is she being reasonable in her complaints? Do you think they constitute an excess of ordinary wear and tear and that she would have a case if we went to mediation or to court?
-What can I do to protect myself in case this escalates, especially given that I am out of town until next week and cannot be there to document the condition of the premises? How can I document, communicate, respond, etc. in a way that protects myself legally and financially from any further escalation?
Thank you for any comments or suggestions.
