Landlord not refunding security deposit - Ohio

[CincyJules]

I've read a lot of the postings trying to find an answer to this question, and have also consulted the Ohio LL/T Laws the best I can, but I'm still a little puzzled by this and I'm hoping someone can help.

My landlord and I mutually terminated my lease as of December 31st, 2005. I had a LOT of problems with the house and instead of repairing them they offered to let me terminate the lease early with a free months' rent as well as full security deposit refund.

I officially moved out on December 30th, handed my landlord my "exit letter", as well as the keys. I also videotaped the condition of the house on the way out and mailed another copy of the letter via Certified Mail - Return Receipt Requested.

I have been waiting patiently since then to receive my security deposit back. When I didn't receive it in the very beginning of February I called my landlord and asked what the hold-up was (politely of course). She stated that she would be sending it "soon" but that she needed to make sure she had enough money in the account to cover it. I told her I would expect it by the end of the week since the 30 days allowed by Ohio law had passed and I had been more than patient. As far as I know the money from my deposit never should have been spent in the first place, as it is a "deposit", correct?

I received a letter from her today, with no check. Instead it is a copy of the last Water/Sewage bill from when I lived in the house. I'm not disputing paying the bill in any way, I just never received a copy of it directly from the Sewer District. If they accepted credit cards it would be paid as I write this, but I have to mail a check or take one there.

She is claiming that she doesn't have to refund my deposit until I show her proof that this has been paid. I don't see anything about that in the Ohio LL/T Law but I may have overlooked it, as I'm new to all of this.

Two questions -

1 - Can she withhold my deposit until I show her proof that the water bill was paid?

2 - Is she violating the Ohio 30 day law on returning my deposit and am I still entitled to sue her for double deposit and court costs (if she doesn't give me my deposit back soon)?

Any help would be much appreciated. If you need additional details I'm happy to provide them.

 

[ENASNI]

Two questions -

1 - Can she withhold my deposit until I show her proof that the water bill was paid?

2 - Is she violating the Ohio 30 day law on returning my deposit and am I still entitled to sue her for double deposit and court costs (if she doesn't give me my deposit back soon)?

Any help would be much appreciated. If you need additional details I'm happy to provide them.

1) no. unless the utilities were part of "rent" however, see number 2

2) YES! she is violating the 30 day law, at least a letter of itemization should have been in your hot little hands. You have a case kiddo.

 

[CincyJules]

1) no. unless the utilities were part of "rent" however, see number 2

2) YES! she is violating the 30 day law, at least a letter of itemization should have been in your hot little hands. You have a case kiddo.

Thank you for the prompt response. The utilities were not part of the rent, but since I owed the money, and just to make sure I covered myself, I went out to the Sewer District and paid the bill in full, in cash (the only way you'll get a receipt). I received a dated receipt from them. I made copies of the receipt as well as the bill marked "paid" (with the Sewer District's stamp) and tried to take them to her in person, but alas, she wasn't home. I was really hoping to be able to have a quick chat with her and let her know that I've read and asked around about Ohio LL/T Law and my patience is wearing thin, all the while holding my hand out for the money she owes me. I guess it's time for another letter...sent C.R.R.R. of course.

 

[ENASNI]

You are welcome

I guess it's time for another letter...sent C.R.R.R. of course.

But of course.
http://tenant.net/Other_Areas/Ohio/landlord.html

Methinks she went shopping and now has run a little low. She better scramble and get you your deposit or her wallet is going to be a lot thinner if you go to court.

Good luck and please post back with results.

 

[CincyJules]

Update - She's off her rocker...

After paying the utility bill and leaving her a copy of the receipts, I sent her a letter CMRRR stating that it was paid (providing additional copies of the receipts), as well as a last effort of good faith to retrieve my deposit back without going to court.

I received a letter from her today stating the following:

"After speaking with you on the phone the other day it occurred to me that you hadn't mentioned the statement I sent you regarding repairs and/or damages to the house at xxxxxxx. I sent it to you 1/10/06. Since I hadn't heard from you I assumed you agreed to the terms."

"As I stated in the previous letter, there were damages and repairs that had to be made in order to get the house ready for the next tenant. I have enclosed another copy of the list of repairs for your review. These expenses exceed the amount of the security deposit of $1600.00."

She also enclosed a list of these so called "repairs." I lived in the house for 4 months, and the house needed many repairs when I moved it. Her husband owns a construction company and did repairs off and on (mostly off) when I was there. Not only do I dispute that I did most of the damage she has listed, many of the items listed were things that I asked her to be fixed due to safety concerns. Now she's trying to turn around and charge me for them now.

She also has a charge in there for lost rent while the repairs were being made, a total of 8 days worth.

The thing that to me proves the most that she is a liar is that in our phone conversation dated 2/1/06 she stated that she "had to make sure there was enough money in the bank for the check" that she was to send me, and that she would mail it "by the end of the week". Now she's claiming that she sent me a letter a month ago stating that not only does she not owe me anything, in fact I owe her money. So why the statement about having enough money in the bank??

Here are my questions:

1. Who has the burden of proof when it comes to whether or not she sent me this bogus "statement of repairs" on 1/10/06. I never received one.

2. Do I have to pay for repairs that they did while I lived there, to fix obvious safety issues (for example broken glass in doors and the gate on the fence fell off, preventing me from being able to lock it)?

3. She has a lot of "labor charges" built in, but all of the work was done by her husband, can she do that?

4. Can I still sue her for double the amount of the deposit, or at least try to since I don't believe she ever sent me the statement of repairs and is still refusing to refund my deposit?

5. Can she charge me for lost rent while repairs were being done?


We never did a formal walk-through of the house when I moved in, but I notified her on the phone and some of it in writing of the damage as I found it. When repairs weren't being done I also took over 100 pictures of the house, but that wasn't done until November. I also made a lengthy videotape of the house when I moved out. I'm assuming those will help me...

Sorry, I know this is a lot of information and a lot of questions, I'm just flaming mad at this point. Thanks for all of your help.

 

[ENASNI]

I've read a lot of the postings trying to find an answer to this question, and have also consulted the Ohio LL/T Laws the best I can, but I'm still a little puzzled by this and I'm hoping someone can help.

My landlord and I mutually terminated my lease as of December 31st, 2005. I had a LOT of problems with the house and instead of repairing them they offered to let me terminate the lease early with a free months' rent as well as full security deposit refund.

I officially moved out on December 30th, handed my landlord my "exit letter", as well as the keys. I also videotaped the condition of the house on the way out and mailed another copy of the letter via Certified Mail - Return Receipt Requested.

I have been waiting patiently since then to receive my security deposit back. When I didn't receive it in the very beginning of February I called my landlord and asked what the hold-up was (politely of course). She stated that she would be sending it "soon" but that she needed to make sure she had enough money in the account to cover it. I told her I would expect it by the end of the week since the 30 days allowed by Ohio law had passed and I had been more than patient. As far as I know the money from my deposit never should have been spent in the first place, as it is a "deposit", correct?

I received a letter from her today, with no check. Instead it is a copy of the last Water/Sewage bill from when I lived in the house. I'm not disputing paying the bill in any way, I just never received a copy of it directly from the Sewer District. If they accepted credit cards it would be paid as I write this, but I have to mail a check or take one there.

She is claiming that she doesn't have to refund my deposit until I show her proof that this has been paid. I don't see anything about that in the Ohio LL/T Law but I may have overlooked it, as I'm new to all of this.

Two questions -

1 - Can she withhold my deposit until I show her proof that the water bill was paid?

2 - Is she violating the Ohio 30 day law on returning my deposit and am I still entitled to sue her for double deposit and court costs (if she doesn't give me my deposit back soon)?

Any help would be much appreciated. If you need additional details I'm happy to provide them.

Okay Cincy... Why did you bring a whole horde of elephants to live in your place to live for four months. I mean really!!! That was not fair to the landlord! No Elephants? Then it was a Meth lab! No Meth lab? Do you have fourteen children of the corn? No?

Then it is the burden of proof of the landlord to prove that you could possibly cause $1600.00 dollars worth of damage to a dwelling in four months.

It is also her burden of proof to prove any list of damages sent to you... You know the use of CRRR... Correct?

Go, hold your head up high and do what you believe is right.

If you start doubting in yourself then you have to think you did something wrong... then I will. .

 

[CincyJules]

Just one more question?

Thanks again for the quick and courteous response ENASNI, you've been very helpful. I guess I knew the answers to my questions already, I just had a hard time believing she would stoop to this level. If she just would have paid what she owed me we'd be done with this by now. My guess is that money is tight for her and she's trying to weasel out of her obligation any way she can. One last question....please? Then I promise I'll try not to post anymore questions and just update once this is resolved.
I'm going tomorrow to file my small claims suit against her. I've never done anything like this before, and want to make sure that I know what I'm getting into. As far as the money is concerned, I'm planning to sue her for double damages ($3200), court costs, and possibly attorney fees. I've consulted an attorney about this matter but haven't officially "hired" him yet, as I'm not sure it's worth it. If I do decide to retain him, do I have to specify tomorrow how much I'm asking for his fees? He didn't give me a set amount (as it's hourly) and I want to make sure I don't short myself, but I don't want to ask for an amount that the judge would see as excessive, therefore discrediting my case. Any advice on this?

Thanks again!!

Jules

 

[OHgurl2002]

few quick answers...

she can charge for her hubby's labor as if she had to have someone make the repairs


she can't charge for lost rent in normal circumstances... that's why she has the deposit...


any repairs that were maintenance of the building is at HER cost, that's an advantage of renting! I once had a landlord replace a dishwasher because it wasn't working right and I still got my entire security deposit back...

Let's face it... she spent the money now she's trying to justify it with charging you for everything... get an attorney or take her to small claims... sometimes a letter from a lawyer might be enough to scare her.

 

[acmb05]

Thanks again for the quick and courteous response ENASNI, you've been very helpful. I guess I knew the answers to my questions already, I just had a hard time believing she would stoop to this level. If she just would have paid what she owed me we'd be done with this by now. My guess is that money is tight for her and she's trying to weasel out of her obligation any way she can. One last question....please? Then I promise I'll try not to post anymore questions and just update once this is resolved.
I'm going tomorrow to file my small claims suit against her. I've never done anything like this before, and want to make sure that I know what I'm getting into. As far as the money is concerned, I'm planning to sue her for double damages ($3200), court costs, and possibly attorney fees. I've consulted an attorney about this matter but haven't officially "hired" him yet, as I'm not sure it's worth it. If I do decide to retain him, do I have to specify tomorrow how much I'm asking for his fees? He didn't give me a set amount (as it's hourly) and I want to make sure I don't short myself, but I don't want to ask for an amount that the judge would see as excessive, therefore discrediting my case. Any advice on this?

Thanks again!!

Jules

If you file in small claims court you cannot have an attorney there so you cannot have his fees reimbursed.

 

[CincyJules]

Filed and ready...

Thanks again for the helpful responses. I went this morning and filed my small claims suit, asking for double the security deposit as well as court costs. My court date is March 17th.

I know I've done everything by the book. I'm going to gather my evidence, go into court with my head held high and present my case. I'll let you know how it turns out (for anyone who cares).

Thanks so much, I truly do appreciate the help. I just want what's fair.

Jules

 

[ENASNI]

Thanks again for the helpful responses. I went this morning and filed my small claims suit, asking for double the security deposit as well as court costs. My court date is March 17th.

I know I've done everything by the book. I'm going to gather my evidence, go into court with my head held high and present my case. I'll let you know how it turns out (for anyone who cares).

Thanks so much, I truly do appreciate the help. I just want what's fair.

Jules

Sorry, I usually take off Sundays. I guess you are on your way. Keep us posted.

 

[CincyJules]

No need to be sorry ENASNI, everyone deserves a day off. Thanks again for all of your help, your responses gave me the backbone I needed to take the next step. I'll let you know what happens...unless I end up with more questions as the court date approaches.

 

[ENASNI]

No need to be sorry ENASNI, everyone deserves a day off. Thanks again for all of your help, your responses gave me the backbone I needed to take the next step. I'll let you know what happens...unless I end up with more questions as the court date approaches.

Okay, well let me revise something I said to you before. Though she (LL) does need show that you caused so much damage . The burden of proof is on the plaintiff . In this case YOU. you have to show she showed bad faith in not returning the deposit, not sending you the itemization and all the things you showed here in this thread.

Then she the defendent shows her defense... that is when she brings out her "proof" that you had a rock and roll band practice nightly in the dwelling..

So realize you are up to bat first... then she has to bring out her proof as defense... okay?
If she had filed first, it would have been reversed, but still you have your ducks all lined up..

Good luck and keep quacking!

 

[CincyJules]

I think I'm ready...

Ok, tomorrow is the big court date. I have all of my evidence ready: pictures, documents, a copy of the lease, a video of the condition of the house when I moved in and out, as well as all of the letters that went back and forth between the loony landlord and me. Here's my final question before I head into court.

My husband was a "witness" so to speak of the landlord telling me my security deposit would be refunded (which is what I'm suing for). I was on the phone with my husband when the LL came banging on my door. Hubby heard our entire conversation, as the LL was in my face screaming. Is it worth taking a notarized affidavit from my hubby into court saying this? There's no possible way for him to go with me to court. We have a letter typed up and ready to go, and our bank can notarize it for us in the morning. Would it help?

Thanks again.

Jules

 

[acmb05]

Ok, tomorrow is the big court date. I have all of my evidence ready: pictures, documents, a copy of the lease, a video of the condition of the house when I moved in and out, as well as all of the letters that went back and forth between the loony landlord and me. Here's my final question before I head into court.

My husband was a "witness" so to speak of the landlord telling me my security deposit would be refunded (which is what I'm suing for). I was on the phone with my husband when the LL came banging on my door. Hubby heard our entire conversation, as the LL was in my face screaming. Is it worth taking a notarized affidavit from my hubby into court saying this? There's no possible way for him to go with me to court. We have a letter typed up and ready to go, and our bank can notarize it for us in the morning. Would it help?

Thanks again.

Jules

You can take it but it is not going to carry much/ if any weight with the judge.