Can my landlord assess damages after a final walk through without giving me a written notice at the time of the walk through?

Bankruptcy and Debt 9 views 3 answers
I was present with my landlord during a final walk through when I moved out of my townhouse. At the conclusion, he gave me no written report, and made no indication about damages or repairs. He did say the he would have his investment partner come back at a later time to do their walk through. He never called me to have me present for the second walk through. Two weeks later, he e-mails me a list of damages compiled by his contractor, and says he'll send me a bill once they've determined the costs. Since he did not mention damages during the walk through, nor have me sign anything acknowledging the condition of the house, can he send me a repair bill for things he found after the fact?

Attorney Answers

3
Nicholas Patrick MerrillContracts / Agreements LawyerPortland, OR ·
In Oregon, the landlord has 31 days to give the (ex)tenant a written accounting to claim all or part of any prepaid rent or security deposit. If the money is withheld in bad faith, or if you do not get the written accounting within 31 days, you can get twice the amount as damages. Your description of the matter is good, but more investigation needs to be done regarding the timeline, the damages claimed, and your rental agreement. You should definitely consult with a landlord-tenant attorney.
0 upvotes
Carol Zimmerly ·
Yes, the Landlord can assess damages after gaining possession and after a final walk-through. The Landlord should never state anything or give a written statement to the Tenant at the time of walk-through. This is due to the pressure to make concessions to the Tenant. Both the Landlord and the Tenant should take pictures and video of the entire premises. This will protect your interests as Landlord or Tenant. Most judge like close-ups, since they will likely never visit the property.
0 upvotes
Troy Pickard ·
A landlord can make deductions from a security deposit or otherwise assess repair damages even if they don't specifically say anything about the damages or repairs during a walkthrough.
0 upvotes

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