Withheld security deposit

[bg_1]

What is the name of your state (only U.S. law)? Ohio

Can a landlord withhold any portion of the security deposit if 30 days written notice was not given (as the lease states) but they still rent it in time (gave 19 days notice)?

Can a landlord claim that he or she had to work extra hours to rent the unit and withhold the security deposit for wages (the place rented in 5 days)?

Just trying not to get taken advantage of. Thank you all in advance!

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

Can a landlord withhold any portion of the security deposit if 30 days written notice was not given (as the lease states) but they still rent it in time (gave 19 days notice)?

Can a landlord claim that he or she had to work extra hours to rent the unit and withhold the security deposit for wages (the place rented in 5 days)?

Just trying not to get taken advantage of. Thank you all in advance!

Do you mean that he is trying to withhold the security deposit as wages for HIM...for work he physically did? If so, the answer is not only no but heck no. If however, there were damages, and he itemizes those damages to you, he can withhold enough to cover those damages.

 

[bg_1]

LdiJ -

No, the landlord claimed that, because we did not provide 30 days written notice, they had to work additional hours to find a new renter, even though it rented very quickly. The only true damages is a cleaning fee of $50 that they are charging to clean the oven.

They initially sent the letter that said we would not receive our security deposit back 31 days after the lease ended and we had vacated/provided the keys.

After speaking with them several times, they are now attempting to pro rate the security deposit back to us, less the cleaning fee of $50 and the rent for the 11 days that we were late in giving our notice (my roommate was attempting to find someone to take over the lease with him and had told this to the landlord over 50 days in advance).

If the lease says something to the effect of:

'The security deposit will be withheld if any part of this lease is broken.' and they call out earlier in the lease that 'either party shall terminate this agreement by
giving a written notice of intention to terminate at least 30 days prior to the date of termination.'

Would that cause some concern for me to receive the full amount of my security deposit back?

 

[STEPHAN]

Do I understand correctly that the place was empty for 5 days AFTER you moved out at the end of the month?

So, from the 1st till the 5th?

 

[bg_1]

Do I understand correctly that the place was empty for 5 days AFTER you moved out at the end of the month?

So, from the 1st till the 5th?

No, the place was actually vacate as of the 26th of July, 5 days prior to the lease being terminated (submitted keys and all clean) on July 31st.

We gave notice on July 11th. The place was rented by July 19-20th (that's where the 5 days after we provided notice came in).

So they had it rented for August 1st before we moved out.

 

[Gail in Georgia]

"So they had it rented for August 1st before we moved out. "

All this means is that actual RENT for the new tenant would start August 1 and they simply found a new tenant by July 19-20th.

Gail

 

[LdiJ]

No, the place was actually vacate as of the 26th of July, 5 days prior to the lease being terminated (submitted keys and all clean) on July 31st.

We gave notice on July 11th. The place was rented by July 19-20th (that's where the 5 days after we provided notice came in).

So they had it rented for August 1st before we moved out.

Let me ask a different question. Did you pay rent for the full month of July?...and then they had a new tenant who paid rent for August? Therefore they lost no rent? They cannot keep your deposit for that. You actually got out of the unit in enough time for them to get a new renter in without them losing a bit of income. They could not have done that had you stayed for the full month that you paid for. However, again, that is assuming that you paid for the full month of July.

 

[bg_1]

Let me ask a different question. Did you pay rent for the full month of July?...and then they had a new tenant who paid rent for August? Therefore they lost no rent? They cannot keep your deposit for that. You actually got out of the unit in enough time for them to get a new renter in without them losing a bit of income. They could not have done that had you stayed for the full month that you paid for. However, again, that is assuming that you paid for the full month of July.

Yes, we paid rent for all of July. And yes, they had a new tenant to pay rent for August.

So, even though we (stupidly) broke the lease by not giving them 30 days notice, they would owe us the full security deposit back, less any damages, because they did not lose any income, correct?

Is there anywhere in landlord tenant law that I could use that states security deposits can only be used to pay damages, unpaid rent, etc.?

Thank you all for your help!