Question! Help to clear up issues!

[Lind8ey]

Jurisdiction

Oregon

I just want to know what is considered normal wear and tear? We have lived at the rental for 5.5 years and are moving out. Our landlord wants to replace the wood floors because me wearing high heels inside caused indentions in the floor and he wants to use our security deposit to replace the entire floor. Nowhere in the lease did it say "no heels". Just curious where we stand on that. Also are there time frames for new paint and carpet? For instance do we pay to get the carpets cleaned if by law they have to be replaced anyway? Carpet cleaning isn't a part of our lease as far as doing it once a year etc so curious about that. Things like nail pops and the wall mud are coming off of the walls because of poor construction, is that our responsibility? The complex itself is under litigation because of the poor construction and damage. Just want to know what our responsibility is as far as renters (no issues whatsoever with the landlord in 5.5 year) and what is not our responsibility especially after that time frame. Thanks!

 

[army judge]

A landlord cannot charge you for normal wear and tear in Oregon.

Your landlord is required to provide you with a receipt for the security deposit.

Your landlord does not have to pay you the interest earned on your security deposit.

You should carefully inspect and document the condition of the rental unit before moving in, and upon moving out.

Photographs, videos, and witnesses can be helpful in settling disputes such as the one you're encountering.

Be advised, if the LL does charge you for "wear and tear", your remedy lies in a small claims court in your county.

Just because the law says you can't, doesn't mean everyone will comply.

Therefore, don't argue, demand,or threaten, simply file a small claims lawsuit, and let the judge order the creep to pay up!!!

 

[Lind8ey]

Thanks but I was hoping for a more specific answer to my actual questions asked

 

[army judge]

Thanks but I was hoping for a more specific answer to my actual questions asked

The answers are easy.

The "no heels" requirement isn't likely to be upheld.
However, if your deposit is dinged for any alleged damages, you must seek resolution in a small claims court.

More than likely, the courts will see it your way.

If the LL charges you for items you believe shouldn't have been charged, your resolution is in a local small claims court.

The legal standing upon which you plead your case is Oregon's statute that disallows landlords to charge for "wear and tear".

There are no magic words, secret incantations, or powerful amulets that can resolve any issues magically.