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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Can I Be Sued

    My question involves a security deposit in the State of: Ohio.

    My partner and I recently moved out of an apartment after 30 months. We had been under the impression that we were on a month to month lease agreement after one year, as this is what we had been told when we signed the lease. We had good relations with the landlord and notified her that we were leaving. She voiced displeasure but did not say anything specific. After receiving a check from the landlord with a partial return of the deposit, we wrote her a letter asking for the remainder as we felt we had left the apartment in good condition.

    Apparently our letter upset the landlord because she sent us a letter that stated that our lease was year to year and we could be liable for up to six months rent. Her letter specifically states that she is considering legal action because she is mad at us, not because of damages.

    Essentially, we were lied to about the terms of the lease and had never been furnished a copy of it. I realize this was a mistake on our part to trust a landlord and not demand a copy of the lease agreement.

    Did our landlord cede her right to sue us by returning part of the deposit along with an itemized list that did not include 'breach of lease' damages or could she sue us for six months rent?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Be Sued

    The answer shouldn't surprise you: It depends on what your lease said.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Can I Be Sued

    In the section on return of deposit the lease states

    "the owner will, if the lease has been successfully terminated,return a refund of the remaining deposit, less damages.

    Does this indicate that she acknowledged the lease had been successfully terminated by sending a refund?

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