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Treating the tenant’s troubles
Preventing ripped-off cleaning deposit blues
Every year landlords make
thousands of dollars by confiscating
tenants’ security and damage deposits.
Deposit abuses represent one of the
most (frequent student tenant com
plaints.
In the past, landlords have unlawfully
held deposits secure in the knowledge
students would do nothing about it.
r The landlord has a legal obligation to
return your deposit. If he refuses to re
spond to your inquiries or does not
refund to your satisfaction, you can sue
him in court. You should demand your
right to the return of your deposit when
you deal with your landlord.
BEFORE YOU MOVE OUT
There are only three things the
landlord should deduct from your
deposit: (1) unpaid rent, (2) cleaning to
restore the unit to its original condition,
and (3) damage beyond normal wear
and tear.
Before you leave, be sure your rent is
fully paid. Gean the unit thoroughly.
You should leave the unit as clean as
you found it. If the landlord disagrees,
ask specifically what cleaning he ex
pects. If you fulfill his requirements, he
should not retain any of the deposit for
cleaning.
Here is a list of cleaning
requirements from one lease that may
be a useful guide:
(1) The kitchen shall be cleaned
completely, including the entire oven
and outside parts of the kitchen range,
the inside and outside of the kitchen
cabinets, and the counter, sink and
other areas.
(2) Bathroom walls, fixtures, floor
and especially all tile area shall be
thoroughly cleaned.
(3) Floors shall be thoroughly
cleaned and carpets vacuumed.
(4) Walls shall be left clean.
(5) Walls and floors of closets shall be
scrubbed.
(6) Furniture shall be left clean.
(7) Drapery rods shall be dusted on
the top edges.
In addition to restorative cleaning,
the landlord can deduct for damage
beyond normal wear and tear.
Sometimes it is hard to define normal
wear and tear. A broken lamp,
cigarette bums or a hole in the wall are
probably beyond normal wear and tear
and you should pay for them if they
were your fault. But if something is
already wearing out and Anally falls
apart or if the unit has not been painted
in a long time, those costs Should be
borne by the landlord. You have
already paid rent to cover ordinary
maintenance.
If the landlord does regular cleaning
in every vacant apartment, those costs
should be an ordinary operating ex
pense and paid for from your rent, not
the deposit.
MAKE AN ITEMIZED LIST AND
SUBMIT IT TO YOUR LANDLORD
Inspect with your landlord before you
leave and draw up a list of damages and
necessary cleaning. Off-Campus
Housing has special Inspection forms
designed to assure you do a complete
job and check everything.
If your landlord is not available,
inspect and make up your own list. Find
a witness to help, and submit a copy to
the landlord far enough in advance so
he can check before you move. You
may And it helpful to write a letter like
this:
Date
Dear-,
When I moved in I deposited $
to cover (1) cleaning necessary to
restore my unit to its initial condition,
(2) damages caused by me beyond
normal wear and tear and, (3) unpaid
rent.
Recently I inspected for damage and
cleanliness. Before I leave I intend to do
the following cleaning:-. When I
inspected I found the following damage
beyond normal wear and tear for which
I am responsible: -.
I have included with this letter a copy
of my inspection, if you believe it is
incorrect, please feel free to inspect my
unit. If you find any additional damage
or necessary cleaning, I would like an
itemized list, so we can settle any
difference well before I,leave.
Please return the balance of my
deposit and an itemized statement
explaining any deductions to me within
thirty days of the time I move out. I
plan to leave -. You should
forward the refund and statement to: —
Yours truly,
By inspecting and making up an
itemized list of damages and cleaning
you can usually avoid later
disagreements over the extent of
damages and necessary cleaning. If
you had a witness and gave the landlord
a chance to double check, your in
spection lists will be good evidence if
you eventually have to take legal ac
tion.
AFTER YOU LEAVE
Keep writing your landlord. If you
said you expected your refund within
thirty days, you should act soon after
those thirty days have passed.
Many landlords are slow: your
deposit resembles an interest free loan
and many are anxious to keep it as long
as possible.
You should write regularly until you
receive a proper refund and adequate
explanation of any deductions. Demand
an itemized listing justifying any
deductions. Keep copies of all
correspondence.
TAKE YOUR LANDLORD TO SMALL
CLAIMS COURT, IF NECESSARY
One reason landlords have been able
to continually confiscate deposits is
that they know students will do nothing
about it. If the landlord refuses to
refund what you believe is rightfully
yours, you should consider suing him in
Small Claims Court.
Many landlords will not take you
seriously until they believe you intend
to take legal action. Some will not
respond until the sheriff serves them
with your court papers. A Small Claims
action may be a very important
“persuader” with your landlord. Small
Claims judges see a lot of deposit
problems and many will be sym
pathetic.
ASUO Legal Services (318 EMU ; 686
4281) can help you file and prepare for
the hearing. Take all your letters and
lists with you, as well as your rental
agreement and a receipt for the
deposit, if you have them.
Attorneys are not allowed in Small
Claims. It should cost you less than six
dollars and you may be able to recover
that if you win. Unless the landlord also
sues you and wins, that should be your
only expense.
You can sue up to $500 in Small
Claims. But the defendant may ask for
a jury trial if your claim is over $20. In
that case you will both need attorneys.
Usually landlords will avoid the cost of
an attorney and should prefer to settle
in Small Claims. The decision of the
Small Claims Judge is final. -
Housing problems
Providing answers to renter’s questions
(Editor’s note: Housing Problems is written by
students at the University of Oregon working
through the Off-Campus Housing Office. The in
formation in this column is intended to he
educational only. It is not legal advice and should
not be retted on in answering a specific legal
question or problem. A slight modification of the
facts may require a radically different answer. To
resolve a specific problem contact an attorney or
Legal Aid. There to no substitute for individual
legal advice.)
If I sue my landlord, can he force me to pay his
attorney fees?
Many lease and rental agreements contain
clauses that appear to require the tenant to pay
the landlord’s attorney fees. Oregon laws say that
any agreement that provides for attorney fees for
one party must be read as also providing the same
rights for the other. That means you might have to
pay your landlord’s lawyer if you lose, but not if
you win.
In effect the law rewrites any agreement that
requires you to pay the landlord’s lawyer. Un
fortunately the law still allows the same old,
unenforceable provisions to be written into any
rental agreement and that creates confusion. Few
tenants know the clause is unenforceable; they
may be frightened by the possibility of having to
pay the landlord’s lawyer even if they win.
If you think you have a valid reason to sue
your landlord, don’t be frightened into believing
you will be forced to pay his fees regardless of who
wins. This is one case where what you see is not
what you get.
My landlord told me he does not return deposits to
students unless they stay for sis months. I plan to
move sooner and his rule seems unfair. Is there
anything I can do?
A rule or clause in your rental agreement
saying you forfeit all your deposit if you do not
stay a certain time may be unfair and legally
unenforceable. To determine if the provision is
enforceable you have to go back to the time you
signed the agreement. If at that time the amount
of money you agreed to forfeit was about the same
as what the landlord could reasonably expect to
lose if you left early, then it is all right and you will
have to pay it.
Sometimes forfeitures have no relation to the
landlord’s losses. If the landlord spends only a few
dollars on a newspaper ad, a fifty dollar forfeiture
is probably unfair and unenforceable.
Penalty and forfeiture provisions are usually
fair if they are related to the losses the landlord
suffers. But if the penalty is designed to prevent
you from moving and has nothing to do with any
losses of the landlord, you should get it back.
If your rental agreement contains a forfeiture
provision and the landlord threatens to enforce it,
tell him he should only take the amount of money
he needs to find a new tenant. If he refuses to
return your deposit you will probably have to see
an attorney or suenn Small Claims Court.
The landlady often demands to enter my apart
ment and fails to give me any notice. She comes in
at any time she wishes, even when I am not at
home. I had to sign a lease that allows her to in
spect at any time.
Leases frequently have a provision like the
one yours has. Landlords often want to inspect or
show the unit to prospective tenants. Most land
lords will be considerate and give you some notice
and not come in when you are not there.
Although it may be used to unfairly harass
you, the lease probably gives your landlord almost
unlimited rights to enter and inspect. Unless the
lease is poorly written or the landlord
outrageously abuses it, you will not be able to sue
him for trespass. Most leases are specifically
drawn to protect the landlord from a trespass suit.
Even though the landlord may not be
trespassing, he may be violating your rights to
privacy. Under the Constitution of the United
States the courts have said you have a right to
privacy. In your home that right is the strongest.
If the landlord has been harassing you, or his
inspections are at unreasonable hours, your right
to privacy may have been violated. You may be
able to sue for invasion of privacy.
If the landlord continues to be unreasonable,
even after you explain how you feel your privacy is
being violated, you should see an attorney.