Ellsworth v. Gladden

This is an appeal from a circuit court judgment denying plaintiff tenant’s claim that she is entitled to damages in the amount of $100 because of defendant’s withholding of her security deposit, ORS 91.760(8).

Plaintiff and defendant stipulated to the following pertinent facts:

"1) Plaintiff rented the premises * * * from the defendant.

"2) Upon entry into the premises plaintiff paid to defendant the sum of $50.00 as and for a cleaning deposit.

"3) Plaintiff terminated the rental agreement and delivered control of the premises on August 6, 1975.

"4) Plaintiff requested the return of her cleaning…