SECURITY DEPOSIT ITEMIZATION AND RETURN LETTER
(Oregon – ORS Chapter 90 Compliant)
[LANDLORD LETTERHEAD OR RETURN ADDRESS]
Date: [DATE]
Via ❑ Certified Mail ❑ First-Class Mail ❑ Hand Delivery
To: [TENANT FULL NAME(S)]
Premises: [STREET ADDRESS, UNIT #, CITY, OR ZIP]
Tenancy Termination Date: [MM/DD/YYYY]
TABLE OF CONTENTS
- Document Header ………………………………………………………………………………… 1
- Definitions …………………………………………………………………………………………… 2
- Itemization & Accounting of Security Deposit ……………………………………… 3
- Representations & Acknowledgements ………………………………………………… 5
- Default & Remedies (Statutory) ……………………………………………………………… 5
- Dispute Resolution ………………………………………………………………………………… 6
- General Provisions ………………………………………………………………………………… 7
- Execution Block …………………………………………………………………………………… 8
[// GUIDANCE: Pagination will auto-adjust in word-processing software.]
1. DOCUMENT HEADER
This Security Deposit Itemization and Return Letter (“Letter”) is issued by [FULL LEGAL NAME OF LANDLORD/PROPERTY MANAGER] (“Landlord”) to [FULL LEGAL NAME OF TENANT] (“Tenant”) pursuant to the Oregon Residential Landlord and Tenant Act, including but not limited to OR. REV. STAT. § 90.300 (collectively, the “Act”).
Landlord hereby provides a final accounting and disposition of the Security Deposit, as defined below, held in connection with the Premises referenced above.
2. DEFINITIONS
For purposes of this Letter, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned by the Act.
“Deposit” or “Security Deposit” – The sum of $[AMOUNT RECEIVED] paid by Tenant to Landlord on [MM/DD/YYYY] as security for the performance of Tenant’s obligations under the Rental Agreement.
“Premises” – The leased dwelling unit located at the address stated in the Document Header.
“Termination Date” – The date on which the Rental Agreement lawfully ended as indicated above.
“Rental Agreement” – The written or oral lease between Landlord and Tenant governing the tenancy of the Premises.
3. ITEMIZATION & ACCOUNTING OF SECURITY DEPOSIT
Pursuant to ORS 90.300(13), Landlord is required to provide a written accounting within thirty-one (31) days after the Tenancy Termination Date. The following is a complete, good-faith itemization of all amounts withheld and returned:
| Line No. | Description of Charge | Statutory/Lease Basis | Amount ($) |
|---|---|---|---|
| 1 | Unpaid Rent for [MM/YYYY] | Rental Agreement § __ | [__] |
| 2 | Late Fees (if lawfully assessed) | Rental Agreement § __ & ORS 90.302 | [__] |
| 3 | Carpet Cleaning beyond Ordinary Wear | ORS 90.300(7)(c) | [__] |
| 4 | Repair: Wall Damage (bedroom) | ORS 90.300(7)(b) | [__] |
| 5 | Repair: Missing Smoke Detector Battery | ORS 90.300(7)(b) | [__] |
| 6 | Other: [SPECIFY] | [CITE] | [__] |
| Total Deductions | [__] | ||
| Original Deposit Received | [AMOUNT] | ||
| Deposit Balance Owed to Tenant | [AMOUNT] |
Enclosed herewith is:
❑ Landlord’s check no. [####] dated [MM/DD/YYYY] in the amount of $[AMOUNT]; or
❑ A demand that Tenant remit $[AMOUNT] within ten (10) days to cover the deficiency stated above.
[// GUIDANCE: Replace bracketed fields; attach backup invoices, receipts, or photographs for each deduction to reinforce defensibility.]
3.1 Statement of Ordinary Wear and Tear
No deduction has been made for deterioration or depreciation resulting from ordinary wear and tear as required by ORS 90.300(7)(a).
3.2 Retention of Records
Landlord has retained records and documentation supporting each deduction for not less than one (1) year, and such records are available for Tenant’s reasonable inspection upon written request, consistent with ORS 90.315.
4. REPRESENTATIONS & ACKNOWLEDGEMENTS
4.1 Landlord represents that the foregoing itemization is true, correct, and complete to the best of Landlord’s knowledge and belief.
4.2 Tenant is encouraged to review this accounting promptly and advise Landlord in writing of any disputed item(s) within fifteen (15) days of receipt.
5. DEFAULT & REMEDIES (STATUTORY)
5.1 Failure to Refund. If Landlord has wrongfully withheld all or part of the Deposit, Tenant may be entitled to recover up to twice the amount wrongfully withheld, plus reasonable attorney fees, as provided in ORS 90.300(16).
5.2 Failure to Pay Deficiency. Should Tenant fail to pay any balance owing within ten (10) days, Landlord reserves the right to initiate a civil action in the forum designated below and to seek all remedies available under Oregon law, including reasonable attorney fees per ORS 90.255.
6. DISPUTE RESOLUTION
6.1 Governing Law. This Letter and any dispute related hereto shall be governed by the laws of the State of Oregon, without regard to conflict-of-laws principles.
6.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the [NAME OF COUNTY] County Circuit Court – Housing (Landlord-Tenant) Division.
6.3 Arbitration. Arbitration is expressly excluded.
6.4 Jury Trial. Nothing in this Letter shall be construed as a waiver of either party’s constitutional right to a trial by jury where such right exists.
6.5 Relief Available. The parties acknowledge that the sole relief available in a security-deposit dispute is money damages; injunctive or equitable relief is not contemplated herein.
7. GENERAL PROVISIONS
7.1 Entire Agreement. This Letter constitutes the entire and exclusive statement of Landlord’s accounting concerning the Security Deposit and supersedes all prior or contemporaneous oral statements.
7.2 Amendments. No amendment or modification of this Letter shall be effective unless in a written instrument signed by both parties.
7.3 Notices. Any post-Letter notices shall be in writing and delivered to the recipient’s last-known mailing address or as otherwise required by the Act.
7.4 Severability. If any portion of this Letter is held invalid or unenforceable, the remainder shall remain in full force and effect.
7.5 Counterparts & Electronic Delivery. This Letter may be executed in counterparts and delivered electronically, each of which shall be deemed an original.
8. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned execute this Security Deposit Itemization and Return Letter as of the date first written above.
Landlord / Property Manager:
[PRINT NAME & TITLE]
[COMPANY NAME, if applicable]
Signature: ____
Date: _______
Tenant Acknowledgement of Receipt (optional):
I, [TENANT NAME], acknowledge receipt of this Security Deposit Itemization and Return Letter on _____ [DATE].
Tenant Signature: ____
[// GUIDANCE: Tenant signature is optional under Oregon law but provides evidence of delivery.]
ENCLOSURES
- Check #[####] in the amount of $[AMOUNT] (if applicable)
- Copies of invoices/receipts supporting deductions
- Photographic evidence dated [MM/DD/YYYY] (if applicable)
[// GUIDANCE:
• Keep a copy of this Letter and proof of mailing/delivery for at least two (2) years.
• If uncertain about any deduction, err on the side of refunding; statutory penalties for wrongful withholding are severe.
• Verify that all cleaning deductions are either authorized by the Rental Agreement or specifically permitted by ORS 90.300(7)(c).]