(10) A landlord
shall account for and refund as provided in subsections (12) to (14) of this
section any portion of a last month’s rent deposit the landlord does not apply
as provided under subsection (9) of this section. Unless the tenant and
landlord agree otherwise, the tenant may not require the landlord to apply a
last month’s rent deposit to rent due for any period other than the last month
of the tenancy. A last month’s rent deposit does not limit the amount of rent
charged unless a written rental agreement provides otherwise.
(11) When the
tenancy terminates, a landlord shall account for and refund to the tenant, in
the same manner this section requires for security deposits, the unused balance
of any prepaid rent the landlord has not previously refunded to the tenant
under ORS 90.380 and 105.120 (5)(b) or any other provision of this chapter. The
landlord may claim from the remaining prepaid rent only the amount reasonably
necessary to pay the tenant’s unpaid rent.
(12) In order to
claim all or part of any prepaid rent or security deposit, within 31 days after
the tenancy terminates and the tenant delivers 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.