Early Termination in Oregon (apartment, lease, tenant, security deposit)

[cloudydaze13]

I am currently renting an apartment in Oregon, but I have just got a new job and will need to relocate. My lease states an early termination fee, which I will pay no problem. My question is about the security deposit. The lease doesn't mention anything about what happens to the deposit in the event of early termination.

If I terminate the lease early and pay the early termination fee, does my landlord still have to follow standard requirements for returning the deposit? Or is he allowed to keep the full deposit since I'm leaving early?

Follow up question: Assuming the landlord is required to return my deposit, what level of cleaning is usually required before moving out? Is standard cleaning and vacuuming usually sufficient? or Are carpet cleaning and full deep clean of the apartment typically required?

[Ultrarunner]

Originally Posted by cloudydaze13

I am currently renting an apartment in Oregon, but I have just got a new job and will need to relocate. My lease states an early termination fee, which I will pay no problem. My question is about the security deposit. The lease doesn't mention anything about what happens to the deposit in the event of early termination.

If I terminate the lease early and pay the early termination fee, does my landlord still have to follow standard requirements for returning the deposit? Or is he allowed to keep the full deposit since I'm leaving early?

Follow up question: Assuming the landlord is required to return my deposit, what level of cleaning is usually required before moving out? Is standard cleaning and vacuuming usually sufficient? or Are carpet cleaning and full deep clean of the apartment typically required?

My guess the early termination procedure will be followed.

Sometimes this can be mitigated if another tenant is ready and approved to move in.

The general rule is the apartment should be returned in the same condition as when you received it... less normal wear and tear.

Wear and tear has nothing to do with dirt, trash, damage and rubish.

So, if the carpet was new or professionally cleaned... I would expect it to be professionally cleaned, cabinets wiped down, appliances clean, windows clean, screens undamaged, lamps all working with light bulbs, etc...

[manderly6]

If it doesn't say in your lease that he can keep the deposit as part of the lease breakage fee (not even sure that is legal in some states) I don't see how he can. He can't just make stuff up.

[oregonwoodsmoke]

In Oregon the lease breaking fee is specified by law. That is a separate issue from the deposit.

If you don't pay the lease breaking fee, it can be taken from the deposit, but if you pay the fee as required by law, the deposit will be returned or not depending upon the state of the apartment.

If the apartment is not in move-in ready condition, you will probably have deductions for cleaning. How the carpets get cleaned should be stated in your lease, but if not, call management and ask how they handle it. Not many landlords will accept a Rug Doctor to count as cleaning the carpets, because it is not. Some landlords want you to pay a professional and some landlords prefer to have their own professional clean the carpets. Ask them.

Dusting and running the vacuum cleaner is not adequate and you will end up with cleaning deductions if that is all you do before moving out.

[NoMoreSnowForMe]

I'll just add this link:

Legal Services

[cloudydaze13]

Thanks for the answers. I just wasn't sure if early termination was an exception to the normal deposit rules. Good to know that I can still get my deposit back.

I appreciate the suggestion to ask my landlord about specific cleaning requirements for move out. I will do that tomorrow when I give my notice