QUESTION
Does a respond received within thirty days but postmarked 65 days after render my dispute over a deposit invalid?
Asked on Sep 10th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I have a dispute between my past landlord over a deposit. I was under the impression they had to respond to me within thirty days of my written dispute.
6 ANSWERS
Lisa Hurtado McDonnell
I am unaware of a deadline for responding to your request for your deposit back unless your lease imposes one.
Answered on Sep 18th, 2012 at 1:23 AM
The landlord must either send you all of your refundable deposits or a list of deductions taken from your refundable deposits and a check for the balance (if any) within fourteen business days. (See ARS Section 33-1321). If you send the landlord a letter disputing the amounts withheld, the landlord is not obligated to respond. Your only options are: (1) let it go or (2) sue the landlord for wrongfully withholding all or part of your deposits.
Answered on Sep 18th, 2012 at 1:08 AM
Leonard A. Kaanta
If there is a dispute, the landlord must file a suit for damages within 45 days.
Answered on Sep 17th, 2012 at 11:07 PM
Steven D. Dunnings
You should file a lawsuit.
Answered on Sep 17th, 2012 at 10:52 PM
How did you receive the landlord's response 35 days before it was postmarked.
Answered on Sep 17th, 2012 at 10:48 PM
Kevin Elliott Parks
I'm not quite clear here what the time frame of this situation is, and further what the substantive issues are, but if you're in a dispute with your landlord over a security deposit, you should contact an attorney to assist you. Landlords have 31 days to return your deposit and/or an accounting. Failure to do so can result in double damages, and an award of attorneys fees.
Answered on Sep 17th, 2012 at 10:41 PM