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Improper Security Deposit Charges

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  • 02-07-2017, 12:10 PM
    JLoh1970
    Improper Security Deposit Charges
    My question involves landlord-tenant law in the State of: Ohio

    Ohio revised code only allows for a landlord to deduct money from a security deposit for damages.

    The lease says "It is understood and agreed that any and all other turnover costs of labor and material will be deducted from your security deposit or owed if the security deposit is insufficient to cover the charge."

    Clearly the last line of the lease (Contract) is in conflict with State Law.

    My question is, which one counts to the court?
  • 02-07-2017, 01:03 PM
    Mr. Knowitall
    Re: Security Deposit Charges
    Exactly what deductions were made from your security deposit that you believe to have been improper?
  • 02-07-2017, 01:13 PM
    JLoh1970
    Re: Security Deposit Charges
    They sent a deduction list which says "Painting".
    They do not list Painting due to damage, etc. We have photos that show no damages. And again, they aren't alleging anything was damaged.
    They are saying due to normal turnover, they needed to paint the place.

    Not to be rude when you are trying to help but I think it's kind of irrelevant. I know damages (and having to paint due to damages) could be debatable. But this isn't the case. We have an email from them stating they always paint when a tenant moves out and they always deduct this from security deposits.

    My issue is clearly they could say, the lease says you are responsible for turnover costs. Ohio Law, clearly makes that against the law. So contract law? The lease or the law? Is what it seems to boil down too.
  • 02-07-2017, 01:16 PM
    adjusterjack
    Re: Improper Security Deposit Charges
    Quote:

    Quoting JLoh1970
    View Post
    Ohio revised code only allows for a landlord to deduct money from a security deposit for damages.

    Not exactly.

    Quote:

    ORC 5321.16(B)Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement.
    "Damages" does not just mean damage to property. "Damages" is the sum of money the law imposes for a breach of some duty or violation of some right.

    Quote:

    Quoting JLoh1970
    View Post
    The lease says "It is understood and agreed that any and all other turnover costs of labor and material will be deducted from your security deposit or owed if the security deposit is insufficient to cover the charge."

    Clearly the last line of the lease (Contract) is in conflict with State Law.

    It might well be. But if it is, it won't be enforceable.

    Quote:

    Quoting JLoh1970
    View Post

    My question is, which one counts to the court?

    The statute because the statute prohibits waiving the security deposit section.

    Now, answer Mr K's question.
  • 02-07-2017, 01:29 PM
    JLoh1970
    Re: Improper Security Deposit Charges
    I understand Damages. Damage to the property could create Damages (in the legal sense) to the landlord.
    It's pretty well established that painting is normal wear and tear and isn't considered damages in the legal sense. Unless it was needed due to some damage in the literal sense.

    And I answered Mr K already.

    Thank you for the responses. It seems they can not make a contract that conflicts with the law. The statute trumps.

    Side note: Hopefully it's irreverent anyway as the itemized bill was not sent until 34 days after the termination of the lease and return of the rental unit. (And a forwarding address was left) The statute is strict and only gives them 30 days. I've found some good case law on that issue. Thanks again.
  • 02-07-2017, 03:17 PM
    gail in georgia
    Re: Improper Security Deposit Charges
    Posting history....
  • 02-07-2017, 03:41 PM
    Mr. Knowitall
    Re: Improper Security Deposit Charges
    If you damaged the paint, such that your landlord has a valid charge for the paint, a court won't be interested in hearing you try to make the sort of confused argument about the lease language that you have tried to make here. You need to focus on whether or not the charge is valid.
  • 02-08-2017, 07:20 AM
    JLoh1970
    Re: Improper Security Deposit Charges
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you damaged the paint, such that your landlord has a valid charge for the paint, a court won't be interested in hearing you try to make the sort of confused argument about the lease language that you have tried to make here. You need to focus on whether or not the charge is valid.

    Thank you.
    I'm sure the court won't be, if the repaint was due to damage. But I'm not sure how you got so confused. My argument is that ORC 5321.16(B) says the landlord has 30 days to return deposit or send an itemized bill with deductions listed. He did not. We have proof. Motion for Summary Judgment, done.

    If denied. They will either argue the painting was done due to damage or they will argue the language in the lease says they can charge for "any and all turn over costs".

    If they argue painting due to damage, we will show our pictures and emails and hope the Magistrate rules in our favor.

    If they argue the lease language then I want to be able to argue that the language in the lease doesn't override ORC 5321.16. This last possibility is the reason for my question.
  • 02-14-2017, 11:30 AM
    JLoh1970
    Re: Improper Security Deposit Charges
    UPDATE:

    Send certified copy of unfiled complaint and all evidence along with ITS letter to owner and management company. The deposit was $600. Told them they had 10 days before we filed and they could send us a check for $700 to stop us from filing. If they did not, we would be seeking the whole $1200 allowed under ORC.

    Management company sent letter same day saying they would cut a check for $600 if we could keep the owner out of it. It wasn't their fault, blah, blah, blah. We were going to response with a no but the next day but we got a 2nd email early in the morning from the management company saying they would over night a check for $700. Got check the next day, case closed.

    I can only speculate that the management company was doing something shady. Like maybe they told the owner they gave us the deposit back then tried to just keep it. Or maybe they just didn't want the owner to see how bad of a management company they were. (all the exhibits, etc, attached to complaint) Oh well, sure they will continue trying to steal the uneducated's security deposits. We just happened to be the 1 out of 50 that called them on it.
  • 02-14-2017, 12:07 PM
    flyingron
    Re: Improper Security Deposit Charges
    The "let's not get the legal party involved" stuff is indeed shady. It smacks of an improper relationship (been there with similar issues with HOA, finally resolved in my favor, about illegal charges....oddly when I got the HOA board itself involved they found out the management company had been breaking the law and putting the HOA at substantial liability).

    Anyhow, since you seem to have gotten this resolved on your terms, there's little more to worry about.
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