Can a Landlord Get Compensation for Pet Urine Damage in an Apartment?
Full Question:
Answer:
The landlord may claim from the security deposit only the amount
reasonably necessary:
(A) To remedy the tenant's defaults in the performance of the rental
agreement including, but not limited to, unpaid rent; and
(B) To repair damages to the premises caused by the tenant, not including
ordinary wear and tear.
(b) A landlord is not required to repair damage caused by the tenant in
order for the landlord to claim against the deposit for the cost to make
the repair. Any labor costs the landlord assesses under this
subsection for cleaning or repairs must be based on a reasonable hourly
rate. The landlord may charge a reasonable hourly rate for the landlord's
own performance of cleaning or repair work.
(c) Defaults and damages for which a landlord may recover under this
subsection include, but are not limited to:
(A) Carpet cleaning, other than the use of a common vacuum cleaner, if:
(i) The cleaning is performed by use of a machine specifically designed
for cleaning or shampooing carpets;
(ii) The carpet was cleaned immediately before the tenant
took possession; and
(iii) The written rental agreement provides that the landlord may
deduct the cost of carpet cleaning regardless of whether the tenant
cleans the carpet before the tenant delivers possession as
described in ORS 90.147.
(B) Loss of use of the dwelling unit during the performance of necessary
cleaning or repairs, if the cleaning or repairs are performed in a timely
manner.
Please see the following OR statutes:
90.302 Fees allowed for certain landlord expenses; accounting not
required.
(1) A landlord may not charge a fee at the beginning of the tenancy for
an anticipated landlord expense and may not require the payment of any
fee except as provided in this section. A fee must be described in a
written rental agreement.
(2) A landlord may charge a tenant a fee for each occurrence of the
following:
(a) A late rent payment, pursuant to ORS 90.260.
(b) A dishonored check, pursuant to ORS 30.701 (5). The amount of the
fee may not exceed the amount described in ORS 30.701 (5) plus any
amount that a bank has charged the landlord for processing the
dishonored check.
(c) Removal or tampering with a properly functioning smoke alarm, smoke
detector or carbon monoxide alarm, as provided in ORS 90.325 (2).
(d) The violation of a written pet agreement or of a rule relating to
pets in a facility, pursuant to ORS 90.530.
(e) The abandonment or relinquishment of a dwelling unit during a fixed
term tenancy without cause. The fee may not exceed one and one-half
times the monthly rent. A landlord may not assess a fee under this
paragraph if the abandonment or relinquishment is pursuant to
ORS 90.453 (2), 90.472 or 90.475. If the landlord assesses a fee under
this paragraph:
(A) The landlord may not recover unpaid rent for any period of the
fixed term tenancy beyond the date that the landlord knew or reasonably
should have known of the abandonment or relinquishment;
(B) The landlord may not recover damages related to the cost of renting
the dwelling unit to a new tenant; and
(C) ORS 90.410 (3) does not apply to the abandonment or relinquishment.
(f) Noncompliance with written rules or policies. The fee may not
exceed $50. A fee may be assessed under this paragraph only for the
following types of noncompliance:
(A) The late payment of a utility or service charge that the tenant
owes the landlord as described in ORS 90.315.
(B) Failure to clean up pet waste from a part of the premises other
than the dwelling unit.
(C) Failure to clean up garbage, rubbish and other waste from a part of
the premises other than the dwelling unit.
(D) Parking violations.
(E) The improper use of vehicles within the premises.
(3) A landlord may not be required to account for or return to the
tenant any fee.
(4) Except as provided in subsection (2)(e) of this section, a landlord
may not charge a tenant any form of liquidated damages, however
designated.
(5) Nonpayment of a fee is not grounds for termination of a rental
agreement for nonpayment of rent under ORS 90.394, but is grounds for
termination of a rental agreement for cause under ORS 90.392 or
90.630 (1).
(6) This section does not apply to:
(a) Attorney fees awarded pursuant to ORS 90.255;
(b) Applicant screening charges paid pursuant to ORS 90.295; or
(c) Charges for improvements or other actions that are requested by the
tenant and are not required of the landlord by the rental agreement or
by law.
