SECURITY DEPOSIT DEMAND LETTER
STATE OF OREGON
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Oregon law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. OREGON LEGAL FRAMEWORK
A. Governing Law
Security deposits in Oregon are governed by the Oregon Residential Landlord and Tenant Act, ORS 90.300.
B. Security Deposit Limits
Oregon does not impose a statutory limit on security deposit amounts, but deposits must be reasonable in relation to the rental.
C. Return Deadline
Pursuant to ORS 90.300(13), a landlord must return the security deposit within thirty-one (31) days after:
1. Termination of the rental agreement; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized written accounting for any amounts withheld.
D. Required Disclosures
Under ORS 90.300(6), the landlord must provide written notice at the commencement of the tenancy stating:
- The terms and conditions for return of the deposit
- The tenant's right to request a condition report
- Any cleaning or damage charges that may be assessed
E. Permissible Deductions
Under ORS 90.300(14), a landlord may retain from the security deposit only amounts necessary for:
- Unpaid rent
- Tenant defaults in rental agreement obligations
- Restoration of the premises to their condition at commencement (exclusive of ordinary wear and tear)
- Unpaid utility charges owed by tenant
F. Prohibited Deductions
The landlord may NOT deduct for:
- Ordinary wear and tear
- Conditions existing prior to tenant's occupancy
- Cleaning if tenant paid a nonrefundable cleaning fee
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond ordinary wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Oregon law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 31-day period required under ORS 90.300(13).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized accounting of deductions within the statutory period.
[ ] Failure to Provide Required Disclosures: You failed to provide required written notices at commencement of tenancy under ORS 90.300(6).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for ordinary wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Deductions for cleaning despite payment of nonrefundable cleaning fee
- [ ] Other improper deductions: [SPECIFY]
[ ] Willful Noncompliance: You have willfully failed to comply with the security deposit requirements, entitling our Client to double damages under ORS 90.300(16).
IV. ORDINARY WEAR AND TEAR
Oregon law distinguishes between "damage" for which a tenant may be charged and "ordinary wear and tear" for which a tenant may not be charged. Ordinary wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute ordinary wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under ORS 90.300(16), if a landlord willfully fails to comply with the security deposit requirements:
- The tenant may recover twice the amount wrongfully withheld
Under ORS 90.255, the prevailing party in any action arising under the Residential Landlord and Tenant Act may recover reasonable attorney's fees.
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Double Damages (willful violation) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Oregon Small Claims Court (for claims up to $10,000) or Circuit Court for return of the deposit, double damages, attorney's fees, and costs.
-
Seek Double Damages: If your retention is found to be willful, request double damages pursuant to ORS 90.300(16).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to ORS 90.255.
-
Report Violations: Report your conduct to:
- Oregon Department of Justice - Consumer Protection
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[OREGON BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
OREGON SECURITY DEPOSIT QUICK REFERENCE
| Element | Oregon Requirement |
|---|---|
| Governing Statute | ORS 90.300 |
| Deposit Limit | No statutory limit |
| Return Deadline | 31 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Double damages (willful) |
| Attorney's Fees | Yes (prevailing party) - ORS 90.255 |
| Small Claims Limit | $10,000 |
OREGON-SPECIFIC PRACTICE NOTES
[ ] Required Disclosures: At tenancy commencement, landlord must provide written notice of deposit terms, right to request condition report, and potential charges.
[ ] Condition Report: Tenant may request a written statement of condition of the premises. This can be valuable evidence for deposit disputes.
[ ] Willful Standard: Double damages require proving willful noncompliance. Document any evidence of intentional wrongful withholding.
[ ] Prevailing Party Fees: Oregon awards attorney's fees to the prevailing party in landlord-tenant disputes, creating significant risk for landlord.
[ ] 31-Day Deadline: Note the unique 31-day (not 30-day) return deadline in Oregon.
[ ] Nonrefundable Fees: If tenant paid a nonrefundable cleaning fee, landlord cannot deduct for cleaning from the security deposit.
[ ] Small Claims Court: For claims up to $10,000, file in Oregon Small Claims Court. No attorney representation is allowed in small claims.
[ ] Portland-Specific: Portland has additional tenant protections under the Portland Renter Protection Ordinance.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Oregon attorney before use.