Legal Question in Landlord & Tenant Law in Oregon

Does my landlord legally need to provide me with requested pictures of cleaning and damages they claim to my apartment before filing in small claims court?

After moving out, we received a notice from our landlord within the legal window of time stating that she spent 20.75 hours cleaning an 1100 sq ft apartment and charged us for miscellaneous damages. Knowing that we had cleaned the apartment, I requested photos from her and only received a small portion of what I asked for. I told her the lack of photo proof was suspicious and that I wanted the additional photos of everything I had previously asked for, only to receive a reply that her photos contradict that I had left the apartment clean and that she would not provide me with the additional photos.

I read that spoliation of evidence isn't something I can sue for, but her refusal to show these images is the only reason I'm considering filing. Can she legally refuse to show me photos and does this request for further proof count as discovery in a small claims setting?

Thank you in advance.


Asked on 6/01/15, 1:14 pm

1 Answer from Attorneys
Robert Mauger The Law Office of Robert L. Mauger

There is no requirement that she provide you with photos and there is no discovery process in small claims. Her failure to provide evidence of the damages during the hearing might harm her credibility, especially if you can put on evidence of your own photos showing that the property was generally clean and that 20 hours of cleaning would be unreasonable. It's up to you to put on evidence that the security deposit was wrongfully withheld, but any amount wrongfully withheld should be doubled. ORS 90.300.

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Answered on 6/02/15, 9:56 am


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