Landlord is withholding most of my security deposit

[spin360]

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

I'm not exactly sure how this works...

My landlord sent me a check two weeks ago for the amount of $210, when my security deposit was for $575. I stayed 10 days passed the end of lease date due to conflicts with my new place, and we agreed on prorating the month at the standard monthly rent amount of $575 plus the water bill ($20 a month for two people). So, $595 prorated for 10 days comes out to $198.33. $575-198.33 = $376.67. That means I've been shorted $166.67.

He also added on a $45 carpet cleaning charge, and under Ohio law, a landlord cannot automatically charge cleaning/repairing fees that are not based on actual damage beyond reasonable wear and tear. I figure he could probably make something up here though.

Under Ohio law, if the landlord wrongfully withholds any portion of a security deposit, the tenant is entitled to recover double the amount wrongfully withheld. I am bit confused about this, what exactly entitles me to double? Or is it just what it is? So I am demanding the amount of $333.34 plus court fees from him.

Am I taking a financial risk here by filing this small claims form? Help would be appreciated!

 

[spin360]

I forgot to note that my landlord is deliberately ignoring my phone calls/emails. I got this email from his last friday:

Anthony,



Attached is a copy of your tenant ledger for this year.

The pro-rated rent ($300) was from August 27-Sept 11 ($595/30 times 15 days)

The other charges were water ($20) and carpet cleaning ($45)



I remember you thinking the rent was $191. How did you figure your rent?



I am in Canada for the weekend, reception is not good, but give me a call Tuesday

or send an email !



thanks,

Where does he get off charging me for days in August? I paid August in full!

 

[CA LL]

First off, check your copy of the lease..did it begin/end on the 27th? Or 26th?

Next, the water bill would likely be being billed "in the past" but we can't tell any of this since we can't see your documents.

The LL asked you to explain how you got what you did..so do that in writing first. Send it certified/return receipt if you want with an email as a second method.

Pull out your lease, read it over in full and see if that doesn't help explain part of it.

FYI..you are lucky because in your state, he could have charged you the FULL month if you stayed past the last day of the lease..reverting to MTM.

 

[spin360]

First off, check your copy of the lease..did it begin/end on the 27th? Or 26th?

Next, the water bill would likely be being billed "in the past" but we can't tell any of this since we can't see your documents.

The LL asked you to explain how you got what you did..so do that in writing first. Send it certified/return receipt if you want with an email as a second method.

Pull out your lease, read it over in full and see if that doesn't help explain part of it.

FYI..you are lucky because in your state, he could have charged you the FULL month if you stayed past the last day of the lease..reverting to MTM.

Ok so I checked the lease and it says from Sept 1st 2007 through Aug 26 2008. So basically I paid a full month's rent in August even though I was only leasing to the 26th? That doesn't seem fair at all?

I'm not sure what you mean by it being billed "in the past"? We were billed $10 each person per month, so it was $20 a month. In all honesty, the water bill not being prorated is not that big of a deal to me since it's a small amount.

I also noticed that he was charging me to the 11th of Sept, when I moved out on the 10th. If I get a written statement from the current tenants in my old place saying they moved in on the 11th, would that hold up in court?

Lucky or not, we agreed on a prorated amount and I feel like I'm being overcharged here.

 

[Gail in Georgia]

What is meant by "billed in the past" is that utility bills are sent out for the previous months usage. The extra $20 you were charged was likely due for the last month you resided there.

Carpet cleaning of just $45 is extremely reasonable. It is likely that you left the carpet far dirtier than "normal wear and tear" (most people do) and the cleaning of the carpet is a pretty standard necessity when a tenant moves out.

Gail

 

[spin360]

What is meant by "billed in the past" is that utility bills are sent out for the previous months usage. The extra $20 you were charged was likely due for the last month you resided there.

Carpet cleaning of just $45 is extremely reasonable. It is likely that you left the carpet far dirtier than "normal wear and tear" (most people do) and the cleaning of the carpet is a pretty standard necessity when a tenant moves out.

Gail

It's not something that was billed in the past, we are charged $20 a month for water regardless of usage, and we included it in every rent payment. Anyway, it is not relevant.

I would be more apt to pay the carpet cleaning charge if in fact this whole situation was handled more professionally. He never answers his phone, hasn't called me back since last Friday even after numerous calls/messages yesterday. Add to the fact that he didn't actually get the carpet cleaned. The current tenants moved in literally right after we did, there was no time for any carpet cleaning. It wasn't even done prior to us moving in last year. In fact the apartment was a mess when we moved in.

My question still stands, can he charge me a full months rent even though the lease date ended on the 26th?

 

[acmb05]

It's not something that was billed in the past, we are charged $20 a month for water regardless of usage, and we included it in every rent payment. Anyway, it is not relevant.

I would be more apt to pay the carpet cleaning charge if in fact this whole situation was handled more professionally. He never answers his phone, hasn't called me back since last Friday even after numerous calls/messages yesterday. Add to the fact that he didn't actually get the carpet cleaned. The current tenants moved in literally right after we did, there was no time for any carpet cleaning. It wasn't even done prior to us moving in last year. In fact the apartment was a mess when we moved in.

My question still stands, can he charge me a full months rent even though the lease date ended on the 26th?

Technically no,
Write him back and explain that since you paid a full months rent for Aug that you should not have to pay the prorated amount for the remainder of Aug because then he would be getting double rent those few days.

As far as sueing for double that is not going to work out for you because you have to prove the landlord wrongfully withheld the deposit. In all honesty according to his calculations he added up right so he did not wrongfully withhold it.

He could have easily went in the day you moved out and cleaned the carpets himself.

 

[spin360]

Technically no,
Write him back and explain that since you paid a full months rent for Aug that you should not have to pay the prorated amount for the remainder of Aug because then he would be getting double rent those few days.

As far as sueing for double that is not going to work out for you because you have to prove the landlord wrongfully withheld the deposit. In all honesty according to his calculations he added up right so he did not wrongfully withhold it.

He could have easily went in the day you moved out and cleaned the carpets himself.

As I mentioned earlier, he's completely ignoring me right now. Technically no and no are different things, right? I'd hate to file a small claims report and end up paying the court fees. I'd most likely miss a class or two because of it as well. I'm not too worried about the carpet cleaning fee. Really though, I just want what is rightfully mine. Is it worth it to go through with the small claims?

 

[acmb05]

As I mentioned earlier, he's completely ignoring me right now. Technically no and no are different things, right? I'd hate to file a small claims report and end up paying the court fees. I'd most likely miss a class or two because of it as well. I'm not too worried about the carpet cleaning fee. Really though, I just want what is rightfully mine. Is it worth it to go through with the small claims?

Probably not. The only real thing you are entitled to is the last 4 days of the month prorated back to you.