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Posts Tagged ‘landlord tenant law’

What is TEL-LAW?

Posted by kristobaldude on September 13, 2012

TEL-LAW is a collection of tape recorded messages written by Oregon lawyers on a variety of legal subjects. This free library of general legal information is as close and private as your own home telephone and is available to everyone as a public service sponsored by the lawyers of Oregon and the Oregon State Bar.

via What is TEL-LAW?.

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Landlord-Tenant Law in Oregon: What should I do before I rent a place

Posted by kristobaldude on September 13, 2012

What should I do before I rent a place

via Landlord-Tenant Law in Oregon.

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Oregon State Bar: Landlord Security Deposit Fees

Posted by kristobaldude on September 13, 2012

Security deposit basics
Most residential landlords can require tenants to pay certain fees or deposits. The most common deposit is a security deposit. Security deposits protect the landlord if the tenant fails to pay the rent or causes damage to the rental premises beyond ordinary wear and tear. Your landlord cannot charge you for normal wear and tear. Moreover, your landlord can only charge you for repairs that he or she documents. In Oregon there is no minimum or maximum amount your landlord can charge for the security deposit. Your landlord does not have to pay you the interest gained on your security deposit. A landlord is required to provide a tenant with a receipt for the security deposit.

You should carefully inspect and document the condition of the rental unit before moving in and out. Photographs and witnesses can be helpful in settling disputes later on.

Can the landlord increase the amount of my deposit?
During the first year of the tenancy, your landlord may not require you to pay a new or increased security deposit unless you and the landlord agree to modify the terms of the lease; in that case the additional security deposit must relate to that modification. For example, if you want a pet and your landlord agrees to let you have a pet in the unit, he or she has the right to increase your deposit. Without such a modification to the lease, if your landlord requires you to pay an additional security deposit after you are in the rental premises for a year or more, you have at least three months to pay the increase.

Getting the security deposit back
Your landlord has to return your deposit within 31 days after the termination of the tenancy and the delivery of the rental unit to the landlord. (Note that both conditions must be satisfied before the 31-day clock starts ticking). If your landlord keeps any part of your deposit, he or she must notify you in writing and tell you why. This notice, which is also called an accounting, must be personally delivered or mailed within 31 days. If your landlord wrongfully keeps part or all of the money, you have up to one year to settle the matter or file a lawsuit for up to twice the amount of the money your landlord kept.

(Read more at: Fees and Deposits.)

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ORS 90.302 – Fees allowed for certain landlord expenses – 2011 Oregon Revised Statutes

Posted by kristobaldude on September 13, 2012

§ 90.302¹

Fees allowed for certain landlord expenses
  • accounting not required

(1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement.

(2) A landlord may charge a tenant a fee for each occurrence of the following:

(a) A late rent payment, pursuant to ORS 90.260 (Late rent payment charge or fee).

(b) A dishonored check, pursuant to ORS 30.701 (Actions against maker of dishonored check) (5). The amount of the fee may not exceed the amount described in ORS 30.701 (Actions against maker of dishonored check) (5) plus any amount that a bank has charged the landlord for processing the dishonored check.

(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (Tenant duties) (2).

(d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530 (Pets in facilities).

(e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (Termination by tenant who is victim of domestic violence, sexual assault or stalking) (2), 90.472 (Termination by tenant called into active state service by Governor) or 90.475 (Termination by tenant due to service with Armed Forces). If the landlord assesses a fee under this paragraph:

(A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;

(B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and

(C) ORS 90.410 (Effect of tenant failure to give notice of absence) (3) does not apply to the abandonment or relinquishment.

(f) Noncompliance with written rules or policies. The fee may not exceed $50. A fee may be assessed under this paragraph only for the following types of noncompliance:

(A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315 (Utility or service payments).

(B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.

(C) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit.

(D) Parking violations.

(E) The improper use of vehicles within the premises.

(3) A landlord may not be required to account for or return to the tenant any fee.

(4) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant any form of liquidated damages, however designated.

(5) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of rental agreement for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of rental agreement by landlord for cause) or 90.630 (Termination by landlord) (1).

(6) This section does not apply to:

(a) Attorney fees awarded pursuant to ORS 90.255 (Attorney fees);

(b) Applicant screening charges paid pursuant to ORS 90.295 (Applicant screening charge); or

(c)Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18; 2009 c.431 §13; 2009 c.591 §11]

via ORS 90.302 – Fees allowed for certain landlord expenses – 2011 Oregon Revised Statutes.

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