Apartment charges

[Denington5]

My husband and I live in Ohio, we rented a townhouse from 2009 to 2015. We paid a $950 deposit upon moving in. The complex where we lived required us to sign a lease each year, but when we first moved in we were told we would be month to month after the first year. We moved out 7 months into a lease. We filled out paperwork which included our new address. However we realized a year after we had moved out that we have a charge on our credit report in the amount of $495. It really upset us that we weren't billed or even given the opportunity to pay this before they sent it to collections. We haven't seen a bill so we have no idea what the charges are for. We left the place in good condition, it clearly needed to be painted and new carpet installed after 6 years. However it was clean and there was no damage to the place that wasn't there when we moved in. I also feel that if they are claiming damages the $950 we paid in deposit would more than cover it. I'd like to dispute the charges, can anyone tell me how to go about doing that?

 

[PayrollHRGuy]

Your landlord violate Ohio law. IF you provided your forwarding address in writing you can receive additional damages and attorney fees.

In the mean time you might want to call your credit card provider and dispute the charge.

5321.16 Procedures for security deposits.




(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

(B) 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.

(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.

Effective Date: 11-04-1974 .

 

[Denington5]

Your landlord violate Ohio law. IF you provided your forwarding address in writing you can receive additional damages and attorney fees.

In the mean time you might want to call your credit card provider and dispute the charge.

5321.16 Procedures for security deposits.




(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

(B) 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.

(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.

Effective Date: 11-04-1974 .

Thank you so much, this is exactly what I was looking for. You are amazing!!!

 

[PayrollHRGuy]

Thank you and you are welcome. Glad I could help.

 

[FarmerJ]

Have you searched the county court house records for judgments where that rental was in order to look up your own name to see if that former LL actually has a court awarded judgment against you or not ?

 

[Denington5]

I have not, can you tell me how to do that? Tyia

 

[FarmerJ]

Assuming your county courthouse / government center has public terminals to look up such things go there .

 

[Denington5]

Ok thank you very much

 

[Ohiogal]

In many counties you can look up cases online...

 

[HRZ]

IT is entirely possible that LL never filed a case but merely turned it over to collections .

( I'm not in Ohio ..on line look up in my county requires using the computer at county courthouse ...but not all district court decisions are on county system .....whatever they are locally, call and check ahead first before you drive )

Can you prove you gave your LL your new address..if so...read sections b and c of the posts above ....if the LL violated the steps in there ..he or she is a sitting duck to pay your attorney fees...which will not be small change , plus double the amount back .

 

[HighwayMan]

Do you know what penalty would be assessed for breaking your lease? I'm wondering if any of this is related to the breaking of the lease.

 

[Ohiogal]

What county was your rental in?