Security Deposit Return Laws
- Return Deadline – After the lease terminates and the tenant vacates the rental property, the landlord has 31 days to do the following[1]:
- Give the tenant a written accounting of each deduction made to the deposit (if any).
- Return the full deposit or the amount remaining after deductions.
- Legal Penalties – If the landlord doesn’t follow the deposit return laws, the tenant can sue to recover two times the deposit amount.[2]
When to Take Legal Action
After delivering the demand letter, tenants should give the landlord at least 10 days to repay the deposit.[3] If there is no response within that time frame, they can file a case against the landlord in small claims court.
Small claims court is only an option if the deposit amount is within the state’s limit ($10,000 as of this writing).[4] If the deposit exceeds that limit, the tenant must file the lawsuit in civil court instead.
Sample
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[TENANT NAME]
[TENANT ADDRESS]
[TENANT CONTACT INFO]
Date: [DATE]
[LANDLORD NAME]
[LANDLORD BUSINESS NAME (IF APPLICABLE)]
[LANDORD ADDRESS]
Re: Return of Security Deposit for [RENTAL PROPERTY ADDRESS]
Dear [LANDLORD NAME],
In accordance with ORS 90.300, I am entitled to receive either a full refund of my security deposit or an accounting of what the deposit was used for within 31 days from when I moved out. I moved out on [DATE] and I have not yet received the deposit or the accounting.
Please send my security deposit of $[AMOUNT] or the accounting within 10 days to the following address: [DEPOSIT RETURN ADDRESS].
If there is no response to this demand letter by [DATE], I may file a claim for the full value of the deposit in small claims court. ORS 90.300 entitles me to twice the amount wrongfully withheld.
Sincerely,
________________________
[TENANT NAME]