Keeping security deposit ( I didn't move ) Oregon (rental, month to)

[gogowarden]

Hi i put down $1000 security deposit for a home rental. Well today my mortage co called and thinks i may be able to save my house. I called to get my deposite back on the rental and they said i was responsible for one months rent because they had taken it off the market for a week.

My receipt doesn't say non-refundable. Can they keep my money? I feel obligated to pay maybe $100 but they want to keep $900 and that's a alot for me right now.

[BLAZER PROPHET]

Good question for an attorney.

[Silverfall]

It depends on when your lease was set to start and whether or not they can find a replacement quickly.

[gogowarden]

Originally Posted by Silverfall

It depends on when your lease was set to start and whether or not they can find a replacement quickly.

I didn't sign a lease. I had 5 more days before she wanted me to sign the lease and move in.

Find a replacement? Am i responsible untill they rent it.

[Silverfall]

So the deposit was to??? hold the house?

[gogowarden]

Originally Posted by Silverfall

So the deposit was to??? hold the house?

My receipt says for security deposit.

[Bendite]

You may have to go to small claims court to get your money back. The following link has good information (but it may have changed since it was written, so you might want to check the current statutes or call a lawyer who specializes in landlord-tenant issues). Just a letter from a lawyer could be all that's needed to get your money back. Look under item 17 in the link


Landlord-Tenant Law in Oregon

[Silverfall]

Originally Posted by gogowarden

My receipt says for security deposit.

Security deposits are by definition refundable. You haven't executed a contract with them so I am surprised that they are trying to keep your money. You have to agree to the terms of the lease, which you haven't seen yet...makes no sense to me.

Here is what the ORS state:

90.297 Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy. (1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit. (2) A landlord may charge a deposit, however designated, to an applicant for the purpose of securing the execution of a rental agreement, after approving the applicant’s application but prior to entering into a rental agreement. The landlord must give the applicant a written statement describing the terms of the agreement to execute a rental agreement and the conditions for refunding or retaining the deposit.
(a) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.
(c) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute, within four days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant.
(3) If a landlord fails to comply with this section, the applicant or tenant, as the case may be, may recover from the landlord the amount of any fee or deposit charged, plus $100. [1995 c.559 §11; 2001 c.596 §30]


I underlined the section that seems pertinent to your situation. If you didn't get anything in writing, you might want to talk with the landlord directly about this section. Otherwise it will be small claims court time to get it back.

[gogowarden]

Originally Posted by Silverfall

Security deposits are by definition refundable. You haven't executed a contract with them so I am surprised that they are trying to keep your money. You have to agree to the terms of the lease, which you haven't seen yet...makes no sense to me.

Here is what the ORS state:

90.297 Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy. (1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit. (2) A landlord may charge a deposit, however designated, to an applicant for the purpose of securing the execution of a rental agreement, after approving the applicant’s application but prior to entering into a rental agreement. The landlord must give the applicant a written statement describing the terms of the agreement to execute a rental agreement and the conditions for refunding or retaining the deposit.
(a) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.
(c) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute, within four days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant.
(3) If a landlord fails to comply with this section, the applicant or tenant, as the case may be, may recover from the landlord the amount of any fee or deposit charged, plus $100. [1995 c.559 §11; 2001 c.596 §30]


I underlined the section that seems pertinent to your situation. If you didn't get anything in writing, you might want to talk with the landlord directly about this section. Otherwise it will be small claims court time to get it back.

Yea Silverfall what you underlined in 90.297 and also section B.
(b) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.

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?

[Silverfall]

What does your WRITTEN agreement to execute the lease state?