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Does the tenant have to pay for wear and tear upon leaving a…

Customer Question
Hello, does the tenant...

Hello, does the tenant have to pay for wear and tear upon leaving a unit that they lived in over 10 years?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Eugene, Oregon

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, does a tenant that is disabled or on SS have any rights.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/30/2017
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,899
Experience: JA Mentor
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Tenants are not responsible for repairing wear and tear to rental properties. Oregon Stat., Section 90.300(7) makes it clear that a landlord may not deduct wear and tear from a tenant's security deposit. After 10 years, wear and tear is going to apply to things like carpet replacement and painting, meaning that the landlord can't charge the tenant for either of those things. It could also apply to other issues in the property.

The Fair Housing Act doesn't specifically give disabled tenants protection with regard to wear and tear, but it doesn't need to, because all tenants are already protected by Oregon law.

When a landlord illegally deducts from a tenant's security deposit in violation of the statute, the tenant can sue for twice the amount kept. These cases are typically brought in Small Claims Court, which does not require a lawyer.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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