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  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Post Roommate Wont Give Back Deposit

    My question involves defamation in the state of: Oregon

    Three of my friends and I moved into a house last year, and paid a security deposit. Once the lease ended, a friend and I moved out leaving two others in the house. We left on good terms, and didn't think to take pictures of the house cause it was left quite clean. My friend and I (who are moving out), asked for our share of the deposit back, but one of the people staying said that she needed to keep it because of the extraordinary damages that we caused (which isn't true, she has no proof cause we didn't). She told our landlord that we left the house trashed and horrible. The landlord, who never bothered to look at the house, told her to charge us for everything that we caused. Since the lease wasn't up yet, my parents asked the landlord if we could just go clean what she wanted. The landlord said that it must be professionally cleaned. However, when we asked how much it would cost to get the place cleaned, the roommate that claimed she had to take money for trash pick-up, carpet cleaning, and "us being bad roommates". Also, we just found out that she is cleaning it herself, no professionals. We wanna take this to a small claims court, but don't even know where to start. Do we sue the roommate for withholding our deposit and lying, or the landlord because she doesn't know how to do her job?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Roommate Wont Give Back Deposit

    if your lease is with the landlord, the room mate has no right to keep any of your deposit. The LL is the only person that can keep it. As well, that is who you need to seek the deposit from as well, not the roommate.

    Do we sue the roommate for withholding our deposit and lying
    she isn't witholding anything. she owes you nothing so she can't be withholding anything.

    , or the landlord because she doesn't know how to do her job?
    well, it would be the LL but not because of the reason stated.


    I could be more specific about when a deposit must be returned but I saw no state listed. They do still ask that question when you first post a thread, don't they? If so, why did you refuse to post the germane state?

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Roommate Wont Give Back Deposit

    Sorry, I edited the state in, it is Oregon. And I agree, she shouldn't be the one giving us our deposit anyways, but the LL said she is the one to give it to us, and is supporting her decision. I feel like the LL doesn't know the law at all.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Roommate Wont Give Back Deposit

    or we could go with one from Oregon as well:

    http://www.osbar.org/public/legalinfo/tenant.html

    the state statutes:

    http://www.leg.state.or.us/ors/090.html

  5. #5
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Roommate Wont Give Back Deposit

    Thank you both so much, that was a lot of info. It's very helpful :-)

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