Keeping security deposit ( I didn't move ) Oregon

[gogowarden]

Originally Posted by Silverfall

What does your WRITTEN agreement to execute the lease state?

I never signed any written agreements. The rental was for a year lease but i signed nothing.

[Mt-7]

The question about keys is in regards to implied tenancy. The security deposit is a different issue that you will receive an accounting of.

BTW other posters, great points and advice.

[Silverfall]

The landlord is supposed to give you a written agreement that states how the lease is going to be executed...so for example the written agreement, upon accepting the security deposit, might state...tenant to sign lease within 5 business days, or if tenant fails to sign lease after giving security deposit, one month's rent to be kept as damages, etc.

Usually you sign the lease and pay the deposits all at the same time to avoid messes like this one.

The problem that you have here is that you were supposed to execute a lease, but you don't have an agreement of what the terms to execute the lease are. So the landlord can keep your deposit if you fail to execute the lease in accordance with the written agreement that you never got that the ORS states you are supposed to have.

Make sense?

This isn't about signing the lease, it's about agreeing to sign the lease. If you don't sign the lease at the time you give a deposit, you are supposed to have a WRITTEN agreement about how the lease is going to get signed and what happens if it doesn't.

[Mt-7]

Originally Posted by Silverfall

The landlord is supposed to give you a written agreement that states how the lease is going to be executed...so for example the written agreement, upon accepting the security deposit, might state...tenant to sign lease within 5 business days, or if tenant fails to sign lease after giving security deposit, one month's rent to be kept as damages, etc.

Usually you sign the lease and pay the deposits all at the same time to avoid messes like this one.

The problem that you have here is that you were supposed to execute a lease, but you don't have an agreement of what the terms to execute the lease are. So the landlord can keep your deposit if you fail to execute the lease in accordance with the written agreement that you never got that the ORS states you are supposed to have.

Make sense?

This isn't about signing the lease, it's about agreeing to sign the lease. If you don't sign the lease at the time you give a deposit, you are supposed to have a WRITTEN agreement about how the lease is going to get signed and what happens if it doesn't.

Good post, excellent explanation. Sorry, can't rep ya

[gogowarden]

Thank you all for the advice. Hopfully she will return most of the security deposite, guess i have up to a month to find out.

[Minervah]

I have no rental agreement/lease. Just security deposit.

Today she told me that since i gave her a security deposit that binded me to a month to month contract until i signed a year lease.

I don't understand does a security deposit bind me to a month to month contract in Oregon?

No but to answer you last question, Oregon landlords are very creative people and make up their own rules. They don't know nor do they care about the law. The only way you can get your money back is to hire an attorney or take her to small claims court.