Landlord taking me to the cleaners... (Portland: apartment, renters, insurance)

[alisjohn]

Please help me. I lived in a lovely apartment in Portland for almost seven years. I'm not OCD, but I took good care of the 1500 square ft space. Over the course of my tenancy the landord acted in ways that, to me, bordered on harassment in the interest of "keeping the place clean and ensuring I got my deposit back." Now that I have moved out she has charged me $3700 over my $1000 deposit and $300 non-refundable cleaning fee. She is charging for carpets, hardwoods, and painting - she claims the walls are smoke damaged. She has attempted to make three claims on my renters insurance policy, but has not returned my calls since shortly before I moved out. I scrubbed that place for days - moved out on the 13th of the month and left the keys on the 30th... I have a lawyer, but he isn't doing much besides sending letters to her lawyers and advising me that if I lose in court I'll have to pay her legal fees too.

This has been an emotionally exhausting experience that goes back for a couple of years now. To the landlords, am I crazy? How could I be responsible for $5000 worth of repairs after 6 years and 8 months? I have pictures of the apartment after I cleaned it - now I wish I had more. :[

[xtimx]

Sounds like you need a new lawyer.

[SETabor]

Ask for an itemized list of repairs.

[alisjohn]

She gave one. That's the problem - she has documented like crazy, so on paper she can say that she is just a kindly person trying to protect both of us. That is not the full story. She wrote me a four page letter claiming she was disgusted by the "pubic hairs" she found near my toilet - she actually went there! The walls were not painted and the carpets weren't replaced before I moved in. :0\

[Nell Plotts]

Sounds like a small claims court issue to me. She can't claim normal wear and tear as 'damage'. Keep the letter as it conveys her expectations, and the comment will get a laugh. Oh, also go on line to your bank account and print out both sides of your last rent payment. Getting her bank info can be invaluable if you need to collect.

[urbanlife78]

Yeah, this sounds like you need a lawyer and small claims court like what Nell is suggesting.

[Nell Plotts]

Neither party can bring a lawyer to small claims court but if the OP sees a lawyer she can get good advice on how to handle this before a judge.

[Minervah]

Your lawyer is going about this the usual way by writing letters to the landlord's lawyer. It may be your landlord's attorney who is dragging his feet. And he is supposed to advise you that the court expenses are yours if you lose. Ask your lawyer what the delays are if any.

When I was in need of an attorney for my rental situation, all it took was a couple of letters on his part and the landlord came to an agreement with me out of court. Maybe I was just lucky.

If you are not happy with the way your attorney is handling things, you can either get a new one or as suggested by others, go to small claims court.

[Nell Plotts]

Any time you see an attorney or go to court take ALL documents with you. Original rental contract, copies of checks, written communications between you and your landlord. I would make an extra copy of all documentation so that you can leave it with the attorney for his files. Attorneys charge big money to make copies.

[bigfoot62]

Tenant law in Oregon is terrible.

Your situation is terrible. I think you should add pain and suffering to the Small Claims Court action and see if the judge sees though the bs and awards you punitive damages.

The good thing about this kind of court action is that everyone shows up and waits and waits and waits. You can tie her up for an entire day. Do it...it works. This is one way to return the misery.

Good luck.