Need Advice can't find anywhere

[SkeeterBug]

State ----Oregon

ok first off I am sorry for the insults on lawyers I made regarding ins question and I did go to bank and I have to wait until paper are found

My Mother passed away suddenly. I spoke to landlord. I told him I would hurry up and get her things out so he could get it re rented. he acted like he was in no hurry. ok I was in deep grief. shock

we rushed while planning a funeral to clean out her apt. we cleaned it spotless there was no damage what so ever, it was rent ready, we had a friend help because it we felt it would be too emotional for a family member to help. I put the keys and an letter in an envelope in his mail slot (he has an office at apt (he is a dentist and his office is there) I requested mom's deposit back. It took a week for us to get everything out. Mom did not die a violent death it was a heart attack and she did not decompose no body fluids at all there no odor. people who have rented from him in the past said he is a good landlord give deps back within a few days and keeps maintaince up.

I am mom's heir and adm of estate and I am the one who is having to pay her funeral (very expensive)

I have landlord and tenant law books and I used to be a prop manager for my inlaws whenever they went abroad so I do know some of our state laws

I am well aware in oregon that a deposit is suppose to be put in an account and is suppose to be held until the tenant moves and does not belong to the landlord and the landlord can only keep it if there is damages and then the landlord has to give an accounting within 30 days with an itemized list.

unless the laws have changed since 2000.

but my mother is one who paid the deposit and is the one who had the contract with him not me.

but he did not even write me a letter regarding mom's deposit he kept the whole thing and she died the first part of december and it the more I think about it I am starting to get mad. Because I feel that he is not entitled to keep the money. because my mother did not damage his apt. and even though she did not give a notice who the heck knows when they are going to die
so this one I do not think legally can hold water. and my mother was an excellant tenant. and I feel that the deposit belongs to the estate not the landlord and since I am controlling the estate it should go to me to pay toward her funeral and this guy is wealthy
I honestly think he probably does not know the law on this one.
and I do not want to be a jerk I want to write him a letter a nice one I would like to back it up with some laws like to those little number in case he wants to check with an atty and then if he doesn't return it then I will sue in sm claims. and please no jokes or sarcasm please because my mothers death is still pretty fresh and sensitive to me

 

[ENASNI]

State ----Oregon

ok first off I am sorry for the insults on lawyers I made regarding ins question and I did go to bank and I have to wait until paper are found

My Mother passed away suddenly. I spoke to landlord. I told him I would hurry up and get her things out so he could get it re rented. he acted like he was in no hurry. ok I was in deep grief. shock

we rushed while planning a funeral to clean out her apt. we cleaned it spotless there was no damage what so ever, it was rent ready, we had a friend help because it we felt it would be too emotional for a family member to help. I put the keys and an letter in an envelope in his mail slot (he has an office at apt (he is a dentist and his office is there) I requested mom's deposit back. It took a week for us to get everything out. Mom did not die a violent death it was a heart attack and she did not decompose no body fluids at all there no odor. people who have rented from him in the past said he is a good landlord give deps back within a few days and keeps maintaince up.

I am mom's heir and adm of estate and I am the one who is having to pay her funeral (very expensive)

I have landlord and tenant law books and I used to be a prop manager for my inlaws whenever they went abroad so I do know some of our state laws

I am well aware in oregon that a deposit is suppose to be put in an account and is suppose to be held until the tenant moves and does not belong to the landlord and the landlord can only keep it if there is damages and then the landlord has to give an accounting within 30 days with an itemized list.

unless the laws have changed since 2000.

but my mother is one who paid the deposit and is the one who had the contract with him not me.

but he did not even write me a letter regarding mom's deposit he kept the whole thing and she died the first part of december and it the more I think about it I am starting to get mad. Because I feel that he is not entitled to keep the money. because my mother did not damage his apt. and even though she did not give a notice who the heck knows when they are going to die
so this one I do not think legally can hold water. and my mother was an excellant tenant. and I feel that the deposit belongs to the estate not the landlord and since I am controlling the estate it should go to me to pay toward her funeral and this guy is wealthy
I honestly think he probably does not know the law on this one.
and I do not want to be a jerk I want to write him a letter a nice one I would like to back it up with some laws like to those little number in case he wants to check with an atty and then if he doesn't return it then I will sue in sm claims. and please no jokes or sarcasm please because my mothers death is still pretty fresh and sensitive to me

I am very sorry for your loss. It is very hard to lose someone so close to you.

Let me ask a few questions, okay?

Was your mother on a lease, or month to month?

Was the rent more than the deposit? You say the landlord has sent nothing to the "estate" yet they did have your address?

(10) In order to claim all or part of any prepaid rent or security deposit, within 31 days after the termination of the tenancy and delivery of possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.
(11) The security deposit or prepaid rent or portion thereof not claimed in the manner provided by subsections (9) and (10) of this section shall be returned to the tenant not later than 31 days after the termination of the tenancy and delivery of possession to the landlord.

 

[SkeeterBug]

her rent and dep same and she was month to month and they said she was the best tenant they ever had and they liked her and in fact they sent a beautuful plant arrangement to me when she died so i don't want to be a jerk and part of me wants to say forget it and let him keep it but part of also could use the money because my mother never planned ahead ,did not have buriel ins and so guess who is paying for her funeral and dealing with all this me. and his other tenants love him a rare thing these days. i was thinking since he is a dentist and I do have a real bad tooth that has been bothering me for months maybe a barter and have him pull it. that is why I want to avoid problems I did send him a thank you card and that is why we did an extra special job cleaning the apt because he was a good landlord. In fact when I was about 3 or 4 he was my dentist and I can remember biting him when I Got mad at him. i think the reason is because of this huge funeral bill and to to be honest it won't make a dent in the bill but this tooth needs to come out if I knew the laws maybe I can persuade him to pull it free for me and I do not have the money to have it pulled .I just need to know whether or not who is entiltled to the deposit because to be honest I do not want to sue him

 

[BL]

Sorry for your loss . My mother also passed from a massive heart attact at home .

Lets look at this from a legal standpoint .
Landlording is a Business . Yes Landlords can be Jerks , etc . when it comes to issues such as this . ( I know a vetran suddenly colapsed and still in the hosp. going on 3 months now - the first month that landord said well the rent has to be paid , ya know the type ).

Anyways back to business :
I'm not sure about your State , but some State's a LL can keep the security for rent and damages .
If no move out notice was given , and it took a while to clear the Apt. out , the LL has a RIGHT under the Law to use the Security deposit for rent ( otherwise they lose income ) . Remember we are talking Law not sympathy now .

Having said this , check out your State's Laws on this , and see what the tenant is required to do , and what the LL is required to do .

Since you are administrator , don't you have a Lawyer handling some of this ?
You could consult a LL/tenant Lawyer if not for a small fee , in your area .

 

[HomeGuru]

I agree**************...

 

[ENASNI]

I agree**************...

I concur as well, Skeetie bug, I wanted someone else to tell you though, because I was being a chicken sheet. That is why I asked the questions I did.

The thing is, even though it does not seem that way, notice was not given that the place would be vacant. It seems soooooo odd that people think God tells us when things like this happen, but he/she does not. This gives a landlord (sweetie or not) an out.

Please take again my (our) sympathies, and take care of yourself.