My family and I moved in March. On March 30, I turned in my keys and did a final inspection/walk through, which signed by both me and the staff of the building. The only thing listed on the inspection sheet was "peeling paint" which falls under normal wear and tare. 33 days later I get a letter from the management along with a bill for more than 3 times the amount of my security deposit stating an entire page list of damages. I called the landlord and he agreed to refund my deposit. 5 days later I get another letter from him along with a new list of damages totally the exact amount of my security deposit. Since no damages were listed on the inspection sheet, can he legally keep my deposit?
Security Deposit withheld
- Thread Starter heydippy
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army judge
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This site may help you.
http://www.rentlaw.com/dep/ohdeposit.htm
Ohio has very tough laws to prevent what your landlord is doing to you.
Read the information.
Learn your rights.
Your landlord is in violation.
LIST OF EXISTING DAMAGES Money may be deducted from the security deposit at the termination of the lease for damages to the property.*In order to protect the tenant from later paying for damages that already existed when the tenant moved in, THE TENANT SHOULD, WITHIN 15 DAYS OF MOVING IN, MAKE A WRITTEN REQUEST FOR A LIST OF EXISTING DAMAGES.*Note that the tenant must ask for this list.*Even if the landlord does supply such a list, it is a good idea for the tenant to prepare his/her own list (including damaged or worn items), which should be witnessed and signed by a third party and sent to the landlord. It is best to send this letter by certified mail, requesting it be included in management files.*If there is any disagreement, both parties should check the property together.*It's also recommended that photographs be taken. See RentLaw.com for information on NORMAL WEAR AND TEAR.
INTEREST ON THE SECURITY DEPOSIT After the landlord receives a security deposit, they must deposit it in a Ohio bank within 30 days.*This deposit must be in a separate interest-bearing account that contains only security deposit money. If the deposit was $50 or more, simple interest at the prevailing per year will accrue to the tenant at six-month intervals from the time the tenant paid the deposit.
INSPECTION OF PREMISES WHEN MOVING OUT The tenant has the right to be present when the landlord inspects the premises for any damages at the end of the term.*THE TENANT MUST NOTIFY THE LANDLORD BY CERTIFIED MAIL OF HIS/HER INTENTION TO MOVE, THE DATE OF MOVING AND HIS/HER NEW ADDRESS.*The tenant should expressly request the landlord to inspect for cleanliness and damage in the tenant's presence.
WITHHOLDING THE DEPOSIT The landlord is entitled to keep all or part of the deposit for expenses actually incurred by him/her due to the fault of the tenant in damaging the premises or failing to pay rent. Any unpaid rent for the remainder of the term may usually be withheld.
The landlord may also deduct for utility bills owed by the tenant, damages caused by the tenant's violation of lease terms, or for unusual or unexpected damages to the property.*The cost of repairing broken windows or holes in the walls or floors, for example, may properly be charged to the tenant and deducted from the deposit.*However, the physical deterioration claimed must be more than ordinary wear and tear (such as worn rugs, rusted screens, or slightly frayed furniture) in order to be deductible from the security deposit.
A security deposit may not be forfeited automatically by breach of the lease by tenant.* A landlord may only deduct the amount by which s/he is actually damaged by the breach.
NOTICE OF WITHHOLDING TO TENANT Upon receiving your forwarding address, a landlord has 30 days to either return your deposit or give you an itemized list of what was withheld. If part or all of your security deposit was kept, the itemized list must be a detailed list of exactly what was withheld. Some landlords fail to provide any account of fees that are withheld or use vague terms like "cleaning fees" or "misc. costs." You have a right to know exactly what your security deposit is being spent on.*
NOTE:*The tenant should closely scrutinize any list in which the cost of damages claimed exactly equals the amount of the deposit plus interest to make sure the landlord is not attempting an illegal forfeiture.
RETURN OF DEPOSIT AND INTEREST Leave your keys with the landlord. If you give your keys to anyone else, including the new tenant, you might be charged for lock changes.
Ohio law requires you to send your landlord a forwarding address in writing. This step is legally very important if you need to take your landlord to court later, because it allows you to sue for double damages, or twice the amount of your security deposit. You should also consider sending the letter by certified mail, so that your landlord cannot deny receiving it.
http://www.rentlaw.com/dep/ohdeposit.htm
Ohio has very tough laws to prevent what your landlord is doing to you.
Read the information.
Learn your rights.
Your landlord is in violation.
LIST OF EXISTING DAMAGES Money may be deducted from the security deposit at the termination of the lease for damages to the property.*In order to protect the tenant from later paying for damages that already existed when the tenant moved in, THE TENANT SHOULD, WITHIN 15 DAYS OF MOVING IN, MAKE A WRITTEN REQUEST FOR A LIST OF EXISTING DAMAGES.*Note that the tenant must ask for this list.*Even if the landlord does supply such a list, it is a good idea for the tenant to prepare his/her own list (including damaged or worn items), which should be witnessed and signed by a third party and sent to the landlord. It is best to send this letter by certified mail, requesting it be included in management files.*If there is any disagreement, both parties should check the property together.*It's also recommended that photographs be taken. See RentLaw.com for information on NORMAL WEAR AND TEAR.
INTEREST ON THE SECURITY DEPOSIT After the landlord receives a security deposit, they must deposit it in a Ohio bank within 30 days.*This deposit must be in a separate interest-bearing account that contains only security deposit money. If the deposit was $50 or more, simple interest at the prevailing per year will accrue to the tenant at six-month intervals from the time the tenant paid the deposit.
INSPECTION OF PREMISES WHEN MOVING OUT The tenant has the right to be present when the landlord inspects the premises for any damages at the end of the term.*THE TENANT MUST NOTIFY THE LANDLORD BY CERTIFIED MAIL OF HIS/HER INTENTION TO MOVE, THE DATE OF MOVING AND HIS/HER NEW ADDRESS.*The tenant should expressly request the landlord to inspect for cleanliness and damage in the tenant's presence.
WITHHOLDING THE DEPOSIT The landlord is entitled to keep all or part of the deposit for expenses actually incurred by him/her due to the fault of the tenant in damaging the premises or failing to pay rent. Any unpaid rent for the remainder of the term may usually be withheld.
The landlord may also deduct for utility bills owed by the tenant, damages caused by the tenant's violation of lease terms, or for unusual or unexpected damages to the property.*The cost of repairing broken windows or holes in the walls or floors, for example, may properly be charged to the tenant and deducted from the deposit.*However, the physical deterioration claimed must be more than ordinary wear and tear (such as worn rugs, rusted screens, or slightly frayed furniture) in order to be deductible from the security deposit.
A security deposit may not be forfeited automatically by breach of the lease by tenant.* A landlord may only deduct the amount by which s/he is actually damaged by the breach.
NOTICE OF WITHHOLDING TO TENANT Upon receiving your forwarding address, a landlord has 30 days to either return your deposit or give you an itemized list of what was withheld. If part or all of your security deposit was kept, the itemized list must be a detailed list of exactly what was withheld. Some landlords fail to provide any account of fees that are withheld or use vague terms like "cleaning fees" or "misc. costs." You have a right to know exactly what your security deposit is being spent on.*
NOTE:*The tenant should closely scrutinize any list in which the cost of damages claimed exactly equals the amount of the deposit plus interest to make sure the landlord is not attempting an illegal forfeiture.
RETURN OF DEPOSIT AND INTEREST Leave your keys with the landlord. If you give your keys to anyone else, including the new tenant, you might be charged for lock changes.
Ohio law requires you to send your landlord a forwarding address in writing. This step is legally very important if you need to take your landlord to court later, because it allows you to sue for double damages, or twice the amount of your security deposit. You should also consider sending the letter by certified mail, so that your landlord cannot deny receiving it.
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