security deposit - no you can't have it back!

[Dewgirl]

I live in Ohio. I moved into an apartment in July 99. My landlord did not give me any kind of written lease, but required a security deposit of $350. I moved out of this apartment in August 2000. The apartment was left in excellent condition, and I assumed my receiving my deposit would be no problem. After more than 60 days passed and still no deposit, I contacted my landlord and asked if there was a problem. They stated that I would not be getting my deposit back because I had to stay there for 2 years. I do not recall this being mentioned to me at the start of the rental period, you must live here for 2 years or else you forfeit your deposit. Anyway, shouldn't this have been in writing if this was the case? I feel like a real idiot for not insisting on a lease. Anyway, is there anything I can do now?

 

[Tracey]

Congratulations! You have just won the tenant lottery!

L is completely, 100% wrong. Read Ohio Revised Code, Title 53, chapter 5321. Your library has it or you can read it here: http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription2=title%2053&GRDescription3=%20&TextField=%3CJD%3A%225321%22%3ECHAPTER%205321%3A%20LANDLORDS%20AND%20TEN ANTS&GRStructure1=5321&GRStructure2=%20

5321.16 says that L owes you interest at 5% if you were there more than 6 months, & has to refund your deposit or send an accounting if damages within 30 days of you leaving. Since L wrongfully withheld your entire deposit, you should sue L for twice the deposit amount + interest, + attorney fees. Since L will be paying your attorney fees, go hire one & sue L next week.

Sue L under 5321.16. First, you argue that the no refund term was never part of the rental agreement.

Second, argue that the term is prohibited under 5321. There is no state law saying you have to stay for 2 years to get your deposit back, nor can L have that kind of condition in an oral lease. In fact, 5321.06 states that L cannot have any terms in a rental agreement that are "inconsistent with or prohibited by" chapter 5321. Since 5321.16 says L has to pay you interest with your refund if you're there more than 6 months, a term that L doesn't have to refund your deposit at all is inconsistent with 5321.

Finally, argue that the term, *even if it existed*, is unconscionable under 5321.14 & therefore unenforceable.


Go forth & take L to the cleaners!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[David J. Miller]

Hip hip hooray......
Hip hip hooray....
I'm swinging a party favor and blowing a horn. Confetti is falling from the sky and balloons just began floating in the air. What?!?!? Here comes a marching bank. Oh my god it's pandemonium. (heeeheeeheee)