Security Deposit Dispute

What is the name of your state?
OH

Moved out Aug 22nd. Roomates moved out before Aug 25(lease end). Notified landlord of fowarding address for security deposit on Aug 26th. Landlord called on Aug 28th saying the apt. was left in unacceptable state. No amount was disccused for damages. I requested an itemized billing from landlord, at which time he said he would look it over again and send me a check. Never received a check. After 30 days past I sent my landlord a letter demanding the balance of my security deposit. He called back and stated that the charges were more then my deposit and that if I wanted an itemized bill he would send it, but that I would then owe him money and he would sue me.

I believe I am in the right by law, since it is past 30 days.

One other querk...One roomate failed to pay his portion of last months rent. Landlord never sent notice demanding payment but now counts as part of the deduction from security deposit. In my letter to the landlord I acknowledged the delinquent rent and asked for the balance of the deposit to be sent to me.

Questions: 1)Can he sue me after 30 days? 2)Can I still demand money back?

[HomeGuru]

Originally posted by smiesguy
What is the name of your state?
OH

Moved out Aug 22nd. Roomates moved out before Aug 25(lease end). Notified landlord of fowarding address for security deposit on Aug 26th. Landlord called on Aug 28th saying the apt. was left in unacceptable state. No amount was disccused for damages. I requested an itemized billing from landlord, at which time he said he would look it over again and send me a check. Never received a check. After 30 days past I sent my landlord a letter demanding the balance of my security deposit. He called back and stated that the charges were more then my deposit and that if I wanted an itemized bill he would send it, but that I would then owe him money and he would sue me.

I believe I am in the right by law, since it is past 30 days.

One other querk...One roomate failed to pay his portion of last months rent. Landlord never sent notice demanding payment but now counts as part of the deduction from security deposit. In my letter to the landlord I acknowledged the delinquent rent and asked for the balance of the deposit to be sent to me.

Questions: 1)Can he sue me after 30 days? 2)Can I still demand money back?

**A: did L send you or your roommates anything in writing after Aug. 25 regarding the disposition of your security deposit?

Nope.

We had one phone conversation where he mentioned that he was unsatisfied with the condition of the apt., but there were never any $$ discussed, and nothing sent in writing.

[HomeGuru]

Originally posted by smiesguy
Nope.

We had one phone conversation where he mentioned that he was unsatisfied with the condition of the apt., but there were never any $$ discussed, and nothing sent in writing.

**A: then you have a good case of getting your entire deposit back.

[robert.knepp]

Ah yes... sounds familiar! I am in no way an expert in these matters, but I have ran into a seperate issue with my previous landlord that almost mirrors yours. I live in PA and therefore this may not pertain to your scenario. I honestly can't tell you whether or not you would win... I just don't know anymore.

Anyway, one interpretation of PA statutes state that it does not matter of the landlord does not send the itemized list... that is if the amount of damages exceeds your security deposit. In that case, the landlord can still sue for damages above and beyond the security deposit.. and WIN!... even though the statute says in plain english that they cannot collect if they did not send the list within a reasonable time (for PA it's 30 days). This also defeats your right to collect double security deposit from the landlord (remember this is PA, OH may be different).

I lost my case in which I played everything by the books (send my new address, requested itemized list, took pictures, had signature for all months rents, etc...) . It sort of tickles you in the *beep*! Anyway, just be careful and do as much research as possible. And if you did do damage to the place (which in my case I did do some damages), you might plan on getting some money together in case you lose.

You can find a thread detailing my issue here: [url]http://forum.freeadvice.com/showthread.php?s=&threadid=156316&perpage=15[/url]

Good luck out there!