Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2013
    Location
    Oxford, Ohio, United States
    Posts
    4

    Default Landord Gave Late, Partial Return of the Deposit Without Explanation

    My question involves landlord-tenant law in the State of: Ohio

    I have been reading in this forum and several sites today and couldn't find the answers to my particular questions. If there is such a thread, please let me know. I am grateful for any direction you may be able to give me.

    I signed a lease on a duplex in September of 2013 and paid a $500 security deposit. I signed the lease with a real estate office that does property management. The owner lives in GA and my rent checks were made payable to him per our lease. The lease expired on 7/31/14 and I remained in the unit as a month to month tenant.

    The real estate company hired a new property manager and she asked me if I would be willing to sign a new lease. However, I wanted to move near my family so I told her no. I gave her 30 day notice per Ohio law on July 1. I gave her the notice via email and she replied the same day acknowledging the notice.

    On 7/28 she emailed me to ask me when I could do a walkthrough. I told her that I could do a walk through on the evening of 7/31.

    She did not arrive on 7/31. I emailed her that evening to let her know that I was out of the unit and requested my security deposit be sent to my forwarding address. She replied to my email 8 minutes later and I reply back to her.

    On 8/2 she replies again to tell me that I left a small item there and she asked me for the address for my security deposit. She also told me in the email that the apartment looked nice. I thought it was odd that she asked for my address again, since it was in the same email thread, but I replied with my address. She does not reply to this email.

    On 8/31 (31 days after I moved out) she sends me yet another email asking for my address for my security deposit. Again, I thought it was odd but I replied to her email with my address.

    On 9/11 I receive mail from the owner of the property. There is a check written from the property owner's bank account for a little over half of my deposit. There is also a settlement form made out from the real estate company. The check and letter are postmarked 9/8. The form is dated 8/31. The form lists an amount under the "repairs" section but no description of the damages that were repaired. There is another amount under the "cleaning" section but again no description of what is cleaned.

    I do have pictures from when I moved out, but no pictures of when I moved in. We did not do a pre or post rental walkthrough.
    Here are my questions:

    1. Does the fact that I emailed my intent and my request for my security deposit (with address) hurt my chances of recovering my full amount?
    2. Should I send a demand letter requesting specifics on the damages? Or should I file in small claims? Or should I do something else?
    3. If I send a demand letter (or file a case) should I send it to the property managment company, the property owner, or both?
    4. Should I send back the check or hold on to it? I don't think I should cash it.

    Thanks for reading and for any help you can provide.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landord Gave Late, Partial Return of the Deposit Without Explanation

    Per statute,
    Quote Quoting O.R.C. Sec. 5321.16 Procedures for security deposits.
    (A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

    (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. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.

    (C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.

  3. #3
    Join Date
    Jun 2013
    Location
    Oxford, Ohio, United States
    Posts
    4

    Default Re: Landord Gave Late, Partial Return of the Deposit Without Explanation

    Thanks for replying.

    I have read the statute, but am having some problems interpreting it. I am going to send a certified letter to both landlord and agent and give them 14 days to send me the rest of the deposit based on the lateness of the deposit and the fact that they did not provide an itemization. I'm going to assume that email is acceptable and I will file a small claims action if I do not get a response. Wish me luck!

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Partial Return on Security Deposit After Initial Objection
    By RenterRecourse in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-20-2014, 02:02 PM
  2. Security Deposits: Late Return of Security Deposit
    By kingspiff5 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-03-2012, 12:50 PM
  3. Security Deposits: Disputing Partial Return of Security Deposit
    By mswilliams in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 05-17-2011, 01:57 PM
  4. Security Deposits: Late and Partial Return of Security Deposit
    By tidw0516 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-17-2010, 08:14 PM
  5. Security Deposits: Partial Security Deposit Return with No Itemized Deductions
    By SaltyinSB in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-08-2009, 07:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources