Oregon: Landlord Took $500 Cleaning Fee From Security Deposit For A Clean Apartment – How Do I Get It Back?

Hi all,

I recently moved out of a rental unit in Oregon, and my former property manager deducted $500 for a "cleaning fee" (with no explanation) from our security deposit. They also charged $120 for carpet cleaning, which I’m not attempting to dispute, but the general cleaning fee seems excessive and probably illegal, from my understanding.

My partner and I spent an entire day cleaning the unit before moving out and we left it significantly cleaner than when we moved in. When we first moved in, the place was in poor condition, including bugs and spiderwebs throughout, broken faucets, a cracked bathtub, missing/damaged blinds, dirt, dust, and generally a bit filthy, and a broken dryer duct, chipped window sills, and walls with dents and scratches.

Despite this, we didn’t push the property manager for every little repair, and we handled some minor fixes ourselves. I even documented these issues shortly after moving in via email to the property manager.

Now, after moving out, we’ve been hit with a $500 cleaning fee without any explanation of what needed cleaning. I asked the property manager for an itemized receipt or invoice from the company that performed the work for the cleaning service, but I've been met with radio silence even after a couple of follow-ups. It's now been two weeks since I first sent that email. And there is no mention of a "cleaning" fee in our lease.

From my research, Oregon law (ORS 90.300) states that landlords can only deduct for damages beyond normal wear and tear, and that tenants can’t be charged for routine cleaning as part of a turnover process. And if they do try to charge for damages beyond normal wear and tear, they must provide an itemized list of things that were repaired. If they wrongfully withhold deposit money, I may be entitled to double the amount withheld.

My questions:

1. What’s the best way to escalate this if the landlord continues ignoring me?
2. Can I file in small claims court for the return of my deposit + the ORS 90.300(16) penalty (2x wrongful deduction)?
3. Would a formal demand letter citing Oregon law help, and do I need a lawyer to draft it, or can I do it myself?
4. If I sue, do I need to prove the apartment was clean, or is the burden of proof on the landlord to justify the $500 charge?

Any advice is greatly appreciated! Thanks in advance.