(16) If the
landlord fails to comply with subsection (13) of this section or if the
landlord in bad faith fails to return all or any portion of any prepaid rent or
security deposit due to the tenant under this chapter or the rental agreement,
the tenant may recover the money due in an amount equal to twice the amount:
(a) Withheld
without a written accounting under subsection (12) of this section; or
(b) Withheld in
bad faith.
(17)(a) A
security deposit or prepaid rent in the possession of the landlord is not
garnishable property, as provided in ORS 18.618.
(b) If a landlord
delivers a security deposit or prepaid rent to a garnishor in violation of ORS
18.618 (1)(b), the landlord that delivered the security deposit or prepaid rent
to the garnishor shall allow the tenant at least 30 days after a copy of the
garnishee response required by ORS 18.680 is delivered to the tenant under ORS
18.690 to restore the security deposit or prepaid rent. If the tenant fails to
restore a security deposit or prepaid rent under the provisions of this
paragraph before the tenancy terminates, and the landlord retains no security
deposit or prepaid rent from the tenant after the garnishment, the landlord is
not required to refund or account for the security deposit or prepaid rent
under subsection (11) of this section.
(18) This section
does not preclude the landlord or tenant from recovering other damages under
this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13;
1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7;
2007 c.906 §37; 2009 c.431 §12; 2010 c.28 §5; 2011 c.42 §4; 2011 c.510 §5; 2013
c.294 §7; 2015 c.217 §16; 2019 c.625 §51; 2023 c.296 §4]