Which check shall I send to refund the security deposit? (tenant, settlement)
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I am a landlord in Portland OR.I had a lease with the last tenant of 14 months and now the lease is over the tenant moved out.
The total security deposit she paid is $3000, and due to damage caused by pets and destroyed landscape I need to deduct $2500 from the security deposit and return $500.
The tenant requests full amount of $3000 security and threatens to sue me in the court.
I am willing to settle with returning $2000 to the tenant because some of the repairs and cleanups are done by my labor and the court might not acknowledge my labor.
I already sent an email to the tenant that I am willing to only deduct $1000 and return $2000 as a settlement, if the tenant declines my settlement proposal then I would deduct $2500 and return $500 and go to the court.
So far I havn't heard back from the tenant.
I am about to send the check and the deduction break down explanation letter to the tenant because the lease ends 09/19/2019 and I need to send refund of security deposit and explanation of deduction in 30 days, which is 10/21/2019.
I havn't heard back from the tenant whether she is willing to take $2000 and settle, so shall I send a $500 check or $2000 check?
The law says the judge might reward twice as much the amount the judge thinks the landlord holds from the tenant illegally or without good reason, and I want to minimize the risk to be fined twice the amount I hold from the security deposit.
If I send the $2000 check and a settlement letter, and the tenant didn't cash it, is the court going to think I am holding all the security deposit of $3000 and fine me double of the amount? Or the court would think I already sent a $2000 for settlement and I am only holding $1000 from the tenant and at most I am fined double of the $1000? Or should I send a $2000 check and a $500 check, so the tenant would cash the $500 check if he doesn't want to settle and cash the $2000 check if he agrees to settle.
If I send the $2000 check and a settlement letter, but the tenant didn't agree with the settlement and didn't cash it, is the court going to think I am withholding $3000 security deposit or $1000 security deposit form the tenant?
First you can’ t deduct for your labor since your the landlord. If you had paid for the labor you could. So make sure your deductions are for only the items you actually paid for. So if its 1000.00 you have documented then return the 2000.00 and don't worry about it.
I already sent an email to the tenant that I am willing to only deduct $1000 and return $2000 as a settlement, if the tenant declines my settlement proposal then I would deduct $2500 and return $500 and go to the court.....
I am about to send the check and the deduction break down explanation letter to the tenant because the lease ends 09/19/2019 and I need to send refund of security deposit and explanation of deduction in 30 days, which is 10/21/2019.
I havn't heard back from the tenant whether she is willing to take $2000 and settle, so shall I send a $500 check or $2000 check?
Did you include in your letter a date that you needed an answer by?
Do you have receipts for the damage that you didn't repair by yourself - or got estimates for?
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The law says the judge might reward twice as much the amount the judge thinks the landlord holds from the tenant illegally or without good reason, and I want to minimize the risk to be fined twice the amount I hold from the security deposit.
Well, you aren't withholding illegally or without good reason. Don't be afraid to go to small claims court. Even in a very tenant friendly state judges can't just side with the tenant if the LL has proof of damage, etc.
Is that a law specific to Oregon?
I know that in some states if a security deposit isn't returned within the allotted amount of days (30 in my state) that a tenant can try to sue for 2x their security deposit.
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If I send the $2000 check and a settlement letter, and the tenant didn't cash it, is the court going to think I am holding all the security deposit of $3000 and fine me double of the amount? Or the court would think I already sent a $2000 for settlement and I am only holding $1000 from the tenant and at most I am fined double of the $1000? Or should I send a $2000 check and a $500 check, so the tenant would cash the $500 check if he doesn't want to settle and cash the $2000 check if he agrees to settle.
Send a copy of the pictures that you took of the damage that is beyond normal wear and tear, your itemized list of deductions along with copies of all receipts/estimates for repairs. Don't forget to include a copy of the security deposit account statement & add the interest to the original deposit of $3,000.00. Even if it's only $.75.
You can charge for your personal labor, but the hourly charge has to be reasonable. I think you stated $50/hour (and it took you 10 hours to clean up the yard) in your previous post. What would a landscaper have charged you for the same amount of work on the yard with his crew? $250.00 total? $300.00?
Next time, get an estimate from a professional before you decide do the work on your own. You can still do the work on your own, but you need to know what the cost of it should be.
I wouldn't hire one person @$50/hour for a job that would take one person 10 hours to do, when I could hire my landscaper & his crew to do it all for $250.00.
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If I send the $2000 check and a settlement letter, but the tenant didn't agree with the settlement and didn't cash it, is the court going to think I am withholding $3000 security deposit or $1000 security deposit form the tenant?
You need to send all of your paperwork & pictures to your tenant via certified mail. Make sure you have your own copies of everything.
If your tenant decides to take you to small claims court, the judge is only going to have what your tenant shows them. If you send her a check for $1K, then that's what the judge will see.
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Originally Posted by cp102
First you can’ t deduct for your labor since your the landlord. If you had paid for the labor you could. So make sure your deductions are for only the items you actually paid for. So if its 1000.00 you have documented then return the 2000.00 and don't worry about it.
You absolutely can deduct for your labor if you are the landlord.
First you can’ t deduct for your labor since your the landlord. If you had paid for the labor you could. So make sure your deductions are for only the items you actually paid for. So if its 1000.00 you have documented then return the 2000.00 and don't worry about it.
Oregon allows for LL labor at the prevailing and reasonable rate.
Just deduct everything by the book and send the itemization and balance to the tenant. Let them sue.
Yes it is Oregon LL tenant law and this is a follow up of my post couple of days ago.
So the total security deposit I received from the tenant is $3000.
If I sent the tenant a check of $2000, and the check has a note "FINAL SETTLEMENT" on it, and the tenant didn't cash the check because she doesn't want to settle.
In the opinion of the court, how much am I holding back from the tenant which is liable to 2X rewards to the tenant if the tenant wins? Am I holding $3000 security or $3000-$2000=$1000?
Thanks
Wen
Yes it is Oregon LL tenant law and this is a follow up of my post couple of days ago.
So the total security deposit I received from the tenant is $3000.
If I sent the tenant a check of $2000, and the check has a note "FINAL SETTLEMENT" on it, and the tenant didn't cash the check because she doesn't want to settle.
In the opinion of the court, how much am I holding back from the tenant which is liable to 2X rewards to the tenant if the tenant wins? Am I holding $3000 security or $3000-$2000=$1000?
Thanks
Wen
I don't think you're interpreting that law correctly.
The only way you'd be liable for 2X damages is if you failed to provide an accounting IN WRITING and the refunded difference within 31 days. See subsection 16, referencing 13.
MAIL a WRITTEN accounting to both the old and new addresses, with their refund, less all charges you have to return the premises to the same condition, minus normal wear and tear.
I am a landlord in Portland OR.I had a lease with the last tenant of 14 months and now the lease is over the tenant moved out.
The total security deposit she paid is $3000, and due to damage caused by pets and destroyed landscape I need to deduct $2500 from the security deposit and return $500.
The tenant requests full amount of $3000 security and threatens to sue me in the court.
I am willing to settle with returning $2000 to the tenant because some of the repairs and cleanups are done by my labor and the court might not acknowledge my labor.
I already sent an email to the tenant that I am willing to only deduct $1000 and return $2000 as a settlement, if the tenant declines my settlement proposal then I would deduct $2500 and return $500 and go to the court.
So far I havn't heard back from the tenant.
I am about to send the check and the deduction break down explanation letter to the tenant because the lease ends 09/19/2019 and I need to send refund of security deposit and explanation of deduction in 30 days, which is 10/21/2019.
I havn't heard back from the tenant whether she is willing to take $2000 and settle, so shall I send a $500 check or $2000 check?
The law says the judge might reward twice as much the amount the judge thinks the landlord holds from the tenant illegally or without good reason, and I want to minimize the risk to be fined twice the amount I hold from the security deposit.
If I send the $2000 check and a settlement letter, and the tenant didn't cash it, is the court going to think I am holding all the security deposit of $3000 and fine me double of the amount? Or the court would think I already sent a $2000 for settlement and I am only holding $1000 from the tenant and at most I am fined double of the $1000? Or should I send a $2000 check and a $500 check, so the tenant would cash the $500 check if he doesn't want to settle and cash the $2000 check if he agrees to settle.
If I send the $2000 check and a settlement letter, but the tenant didn't agree with the settlement and didn't cash it, is the court going to think I am withholding $3000 security deposit or $1000 security deposit form the tenant?
You have to send the $2000 check, you have already told the renter that you accept $1000 of damages, so the judge is not going to let you sue for $2500 just because you want to, you would need to show $2500 worth or repairs and explain when you were willing to settle for $1000.
These are legal questions and I doubt anyone here is super familiar with landlord/tenant laws in your state and you clearly aren't either. It may be wise for you to hire a real estate attorney for a quick consultation of the law or if you don't want to do that just deduct what you know you can or return the entire deposit.
And hire a PM company next time.
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