Legal Question in Landlord & Tenant Law in Oregon

The property manager of my old residence is charging me a late rent fee as part of my move out fees (fees now instead of a returned deposit) due to my last month's rent check bouncing. Problem is, my bank has absolutely no record of the check having been attempted to be cashed, and even if it had, I had sufficient funds with statements to prove it. Even with this knowledge, I am being told to pay it before I get sent to collections and that a "new Oregon law" states that checks that bounce will simply be "kicked back" with no record on my banks end.

This property has been sold, there will be new property staff in a few weeks, the current property manager refuse to give owner information and states that due to the chaos of the migration, everything is backed up along with getting any printable statement saying my check bounced.

Is this true, can this happen, what should I do?


Asked on 1/22/16, 2:56 pm

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

If rent hasn't been paid, you need to pay it. If there's money left over in your security deposit, your landlord will likely deduct fees from that. If there is a dispute about that, either of you can file in small claims court to recover whatever balance you're owed, whether or not the matter is sent to collections. I'm not aware of any new law that you describe and that claim sounds dubious, but you might want to discuss the matter with your own bank. If you receive notice of litigation or are planning to bring claims of your own, you should discuss those with your own attorney. If you receive correspondence from a debt collector, you might want to talk with an attorney, but at very least you should respond. Good luck.

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Answered on 1/22/16, 3:17 pm


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