• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What is considered normal wear and tear?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

Laura1167

Guest
I rented an apartment for 3yrs and 8mos. I gave a 30day written notice with new address. 2and1/2 months later the landloard sent me to collections for damages to the apartment. He never tried to contact me. What is considered normal wear and tear? He is trying to charge me for painting the whole unit, recarpeting the whole unit, light blulbs, batteries etc. Does he have this right under OHIO law? What rights do I have?
 


S

shortyevans

Guest
After living in a place for more than 1 yr, painting is usually the L's responsibility.
If the batteries were for the smoke detector, its on you (your resp. to keep working batteries ALLTHETIME!!!)
As far as other damages, refer to Ohio's landlord tenant laws (http://orc.avv.com/title-53/sec-5321/whole.htm),HERE IS A QUOTE TAKEN FROM OHIOS LT LAWS
: "Upon termination of the rental agreement any property or money held by
the landlord as a security deposit may be applied to the payment of past
due rent and to the payment of the amount of damages that the landlord
has suffered by reason of the tenant's noncompliance with section
5321.05 of the Revised Code or the rental agreement. Any deduction from
the security deposit shall be itemized and identified by the landlord in
a written notice delivered to the tenant together with the amount due,
within THIRTY DAYS after termination of the rental agreement and
delivery of possession. The tenant shall provide the landlord in writing
with a forwarding address or new address to which the written notice and
amount due from the landlord may be sent. If the tenant fails to provide
the landlord with the forwarding or new address as required, the tenant
shall not be entitled to damages or attorneys fees under division (C) of
this section. "
DIVISION C GOES ON TO SAY:
"(C) If the landlord fails to comply with division (B) of this section,
the tenant may recover the property and money due him , together with
damages in an amount equal to the amount wrongfully withheld, and
reasonable attorneys fees."
THE LINK I GAVE YOU IS TO OHIOS LT LAWS. YOU CAN ALSO FIND THEM IN YOUR LOCAL LIBRARY.
I WOULD DISREGARD YOUR L'S LETTERS, BY SIMPLY SENDING HIM A LETTER (KEEP COPIES- ALWAYS KEEP COPIES) SAYING YOU DON'T OWE HIM A PENNY, THAT INFACT HE IGNORED OHIO'S LT LAWS, AND IN FACT, HE OWES YOU MONEY _____. GIVE HIM A SHORT PERIOD OF TIME (REFER TO LAWS OR ATTY) AND THEN TELL HIM YOU WILL TAKE HIM TO COURT . IF YOU GET NO RESPONSE... SUE!!

CHECK OUT WWW.LANDLORDTENANT.ORG THERE IS A LINK TO A PAGE WHERE ALL 50 (?) STATES HAVE LINKS TO LT LAWS. MANY STATES HAVE MULTIPLE SITES.

 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Laura1167:
I rented an apartment for 3yrs and 8mos. I gave a 30day written notice with new address. 2and1/2 months later the landloard sent me to collections for damages to the apartment. He never tried to contact me. What is considered normal wear and tear? He is trying to charge me for painting the whole unit, recarpeting the whole unit, light blulbs, batteries etc. Does he have this right under OHIO law? What rights do I have? <HR></BLOCKQUOTE>

What was the status of your security deposit? Did L contact you about using the deposit as payment for rent or other fees?
If not, L owes you the entire deposit back.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top