Security Deposit vacation rental property security depost withheld for something we didn't do

[AlexZotov]

We rented a vacation place for 2 weeks, and then the owners charged us $150 for supposedly clipping neighbors bushes lining driveway to the house. Their theory was that we did that in order not to scratch our boat, which we backed up the driveway, once, to load stuff into it. We did back up the boat but didn't clip the bushes.

$150 isn't much, but they were aggressive and rude, so we are thinking taking them to the local small court just out of principle.

In terms of how it works: (a) are they supposed to prove we did it, or (b) are we supposed to prove we didn't do it?

(a) will obviously be impossible because we didn't do it, but (b) - no idea how would we do it other than finding who actually did it, and proving that. So if it's (a), we'd definitely go to the court, but (b) is probably worthless option (and then we'd be very disappointed in how law works in this case).

Any advice would be appreciated!

 

[army judge]

You can Google (small claims YOUR STATE & COUNTY).

These sites provide some insight about the process in oregon:

http://www.oregonstatebar.org/public/legalinfo/1061_SmallClaims.htm

Marion County's online guide (most Oregon counties have such sites):

http://courts.oregon.gov/Marion/Services/SmallClaimsIndex.page

Portland State University offers some insight:

http://www.pdx.edu/sls/small-claims-frequently-asked-questions

It costs about $100 to file and have the other party served.
If you prevail, you'll get a court order indicating that XXX owes you the $150, plus court costs and service fees.

If you bring the lawsuit, you MUST prove the charge wasn't allowed under the terms of your lease or rental agreement.
The lease or rental agreement usually spells out how and when such charges can be levied.
I don't know how an owner, landlord, or rental agency can assess you $150 for allegedly damaging a property you didn't rent.

It would be like returning a rental car with no damages and a full tank of gas, but being assessed $50.00 because the rental car next to where you parked failed to refill the gas tank.
If I were you, I'd accept the $150 "rip off" as one of life's annoyances and inconveniences.
It'll cost you more in wear, tear, and sweat to deal with stupidity and avarice than you might ever recoup.
Plus, you don't get money, you get a paper allowing you to try and collect the award, assuming you prevail.

So, after the court party ends, you must stage a collection party.
For $150 you'll hate yourself after you embark on this folly.
I would never give those crooked dummies another dime of my vacation business.
Don't let dummies spoil your fun!
Good luck!!!!