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I am tenant, and I want to get my deposit back.

Customer Question
I am tenant, and I want to get my deposit back.
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
9/15/2017
Lawyer: barristerinky, Attorney replied 8 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,665
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you tell me what state you are in?

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Have you vacated the dwelling and returned the keys to the landlord?

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Have they sent you any written itemized list of deductions and damages?

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Can you give me some more information about what is going on?

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thanks

Barrister

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Customer reply replied 8 months ago
I am in Oregon.
Yes, I already returned the key.
Yes, he sent me the written itemized list of deductions and damages.
We rent the house with agency. We signed a contract for a year. We paid for $2400 deposit at that time. And we moved out the house on June 26, but we didn't do move-out inspection because we didn't know we can do inspection. I remember that we signed a paper with agency and returened the keys and we left on June 26. And we got a written itemized list of deductions and damages on July 18; the list shows us that agency didn't return $2400 and we need to pay more $1212.52; there are all kinds of fee (I will post it later) like replaced the carpet for $1500. He said that we need to pay for these money before September 12 or he will take legal action. Luckily, my classmates are living this house right now, so I went to check the house on September 11, I found that the carpet is not brand new. And I sent the an email to agency to let him give me a new bill statement on September 11, but he didn't reply me yet. Right now, I found that itemized list of deductions and damages has many unreasonal points. So I want to get my deposit back and fair bill statement. I will post the all kinds of documents. And I am an international student, I don't have a lot of money so please help me. Thank you. (Peiming Wu is me, Yuting Wang was a roommate at that time, Greg Keys is the agency)
Lawyer: Michael Bradley,
 replied 8 months ago
Michael Bradley
Category: Landlord-Tenant
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

at this point to get your money back you are going to have to sue landlord in small claims court

before doing so go back to the house and take pictures of all of the claimed damage and repairs

if they can not justify the repairs or falsified them you should be able to get your deposit back

you are going to have to go to court though

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Customer reply replied 8 months ago
what about the pet bill? In fact, I bought a pet and then I sent an email to the agency to tell them about it. He said that my pet couldn't stay in my house because it isn't enough one year. (The contract didn't show the requirements of pet, like year, brand and so on; it just show that if we have pet, we need to tell him). Finally, my pet didn't stay at the house, but the pet often come our house.
Lawyer: Michael Bradley,
 replied 8 months ago

if the pet did not stay there the I would request that money back as well, especially since they change the rules on you, the age of the pet

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Customer reply replied 8 months ago
What kind of material do you think I need to prepare?
Lawyer: Michael Bradley,
 replied 8 months ago

pictures of the place after you left

statement from current tenants to the condition of the property if they are willing

email transmittals regarding the pet condition

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Customer reply replied 8 months ago
Do think that I can contact the agency by email again or I go to court directly ?
Lawyer: Michael Bradley,
 replied 8 months ago

you can always try an email again

it is always best to try and settle out of court

but be prepared to go to court since I doubt they will agree

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Customer reply replied 8 months ago
The agency replied me like that:
I am well aware of the law in Oregon and what is normal wear and tear. You and your roommates on the other hand, damaged the carpet so badly that it will need to be replaced. The reason it was not able to be replaced, is because we did not have the time to replace the carpet that you damaged.
Here are the facts:
It costs over $2500 to replace the carpet in the home.
Since you and your roommate brought an unauthorized pet into the home, the pet along with the damage that you caused by not being clean caused the carpets to need replacement.
Because you schedule the appointment for the move out and the home was not ready, we could not start the process of getting the home ready for the new tenants.
Because of this we lost a full day that we would have needed to replace the carpets that were damaged beyond the point of being able to be cleaned. So you were charged a very reasonable amount for damage carpet.
In a normal circumstances we would have charged you the full cost to replace the carpet since it was new in 2015,
Per the lease since it was only 25 months old you would be responsible for the full cost.
I sent pictures showing the damage to the carpet after it was cleaned
The rental turn fee has nothing to do with whether we had enough time to change out the carpet. The fee was because the leasing agent drove all the way to Newberg from out office in Lake Oswego and back because you were not ready. In addition my maintenance crew could not start the process to get the home ready for the new tenants. Time is money and you wasted our time so you were charged
The charge was for damage not actual cost.
If your friend who has so much knowledge about landlord tenant law in Oregon have him give me a call because these charges are very reasonable, unless you want to pay full cost of the carpet replacement which I could have done.In your email of July 20, 2017 you state "Two of my roomates already graduated, they don't want to take care of these bill, so the rest two people have to pay for the all bill which is hard for us right now.". this is also a violation do the lease because their is only 3 people on the lease. So if we have to go to court I will bring up the fact that you violated the terms of your lease twice and you trashed the home and we woule like a reasonable amount of money to cover all of the costs associated with getting this home ready for the next tenants.
Lawyer: Michael Bradley,
 replied 8 months ago
To me that all sounds like a bunch of BS. I do not see how they can legally charge you for something that was never done and say that it was because the new tenant moved in. I think it's just a ploy to try and collect the money and they will never replace the carpet. I also have a hard idea trying to grasp that the entire house needs to be re carpeted because of a pet that you disclosed that they have. However, at the end of the day it is up to you to decide what to do. Going back and forth is a cost of doing business whether the property was ready to be viewed or not. I still do not think that they can charge you prospectively for any kind of damage, it has to be actual damage and the cost to replace said damage
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Lawyer: Michael Bradley,
 replied 8 months ago

how can I help further

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Customer reply replied 8 months ago
I am thinking that do I need to go to small court right now or later?
Lawyer: Michael Bradley,
 replied 8 months ago
Timing is essentially up to you but at this point if you believe you are at a final point with the landlord and it is not going to settle the way you wish, then would be the time to think about going to small claims court
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Customer reply replied 8 months ago
What about he said that only 3 people on the lease but we have four people live there?
Thank you.
Customer reply replied 8 months ago
Do you think the attorney letter is useful?
Lawyer: Michael Bradley,
 replied 8 months ago

a letter from an attorney may help but I think you are not going to be able to change their mind

you are going to have to sue if you want the money back

they prey on college students so they are not going to change

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Michael Bradley
Michael Bradley
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Satisfied Customers: 1,377
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