Knucklehead
Junior Member
What is the name of your state? Ohio
We just moved our business to a new location. The previous location was leased for 2 years with an option to renew for an additional year with a 90 day written notice. We did not execise the option to renew and planned on vacating when the lease expired. I contacted the Leasor (Landlord) prior to making the rent payment for the final month and asked if we could get together and discuss the condition of the property and what he expected to withhold, if anything, from our security deposit. Given my knowledge of the Landlord having severe financial difficulties, I wanted to make sure he didn't hold our deposit as ransom and I wasn't even sure he had the cash to make the refund at all.
We met at the property and did a quick walk around. We agreed that some of the landscaping wasn't maintained that well, but overall we had actually improved the property by adding a HVAC system as well as other items. We agreed that the excess wear and tear was mitigated by the improvements we made and that the security deposit would be used to pay the last months rent. (I did not get this in writing. It was just a gentlemen's agreement, if there is such a thing these days). We also discussed when we would vacate and I let him know that we were short on time and manpower and we would close down the business and move ASAP, but we didn't think it was fair to leave the place a mess, so we may need to come back after the lease expiration date to do some final clean up.
So we moved out and after the lease had expired we made several trips back to clean out our trash and unwanted items. The Landlord called several weeks later to complain about some of the stuff left behind and we let him know that we were working on it and with only 1 trash dumpster, it may take several trips to get everything removed. We made a trip over to do some more clean up and the locks had been changed and a notice to vacate posted (even though our lease had expired and we had vacated about a month prior). Several weeks later we get a summon to appear for an eviction hearing and also the Landlord is asking for 3 months rent and $1,100.00 in expenses.
I don't know how he figures we owe him 3 months rent. I could see backing out of our verbal agreement and not letting the security deposit be used as the last months rent, but that would leave us owing just the last months rent and he would need to return the security deposit (or a portion of it).
My questions are:
In Ohio, are security deposits suppose to be handled the same for commercial properties as they are for residential? That would require the deposit to be returned in 30 days with an explaination of any deductions.
What constitutes possession? If we did vacate but leave a mess, I think it is more a case of being an inconsiderate Tenant and we would lose our security deposit as we left the property for the Landlord to clean up.
Why would they file for an eviction when we already vacated a month prior?
Sorry so long and thanks for any advise.
We just moved our business to a new location. The previous location was leased for 2 years with an option to renew for an additional year with a 90 day written notice. We did not execise the option to renew and planned on vacating when the lease expired. I contacted the Leasor (Landlord) prior to making the rent payment for the final month and asked if we could get together and discuss the condition of the property and what he expected to withhold, if anything, from our security deposit. Given my knowledge of the Landlord having severe financial difficulties, I wanted to make sure he didn't hold our deposit as ransom and I wasn't even sure he had the cash to make the refund at all.
We met at the property and did a quick walk around. We agreed that some of the landscaping wasn't maintained that well, but overall we had actually improved the property by adding a HVAC system as well as other items. We agreed that the excess wear and tear was mitigated by the improvements we made and that the security deposit would be used to pay the last months rent. (I did not get this in writing. It was just a gentlemen's agreement, if there is such a thing these days). We also discussed when we would vacate and I let him know that we were short on time and manpower and we would close down the business and move ASAP, but we didn't think it was fair to leave the place a mess, so we may need to come back after the lease expiration date to do some final clean up.
So we moved out and after the lease had expired we made several trips back to clean out our trash and unwanted items. The Landlord called several weeks later to complain about some of the stuff left behind and we let him know that we were working on it and with only 1 trash dumpster, it may take several trips to get everything removed. We made a trip over to do some more clean up and the locks had been changed and a notice to vacate posted (even though our lease had expired and we had vacated about a month prior). Several weeks later we get a summon to appear for an eviction hearing and also the Landlord is asking for 3 months rent and $1,100.00 in expenses.
I don't know how he figures we owe him 3 months rent. I could see backing out of our verbal agreement and not letting the security deposit be used as the last months rent, but that would leave us owing just the last months rent and he would need to return the security deposit (or a portion of it).
My questions are:
In Ohio, are security deposits suppose to be handled the same for commercial properties as they are for residential? That would require the deposit to be returned in 30 days with an explaination of any deductions.
What constitutes possession? If we did vacate but leave a mess, I think it is more a case of being an inconsiderate Tenant and we would lose our security deposit as we left the property for the Landlord to clean up.
Why would they file for an eviction when we already vacated a month prior?
Sorry so long and thanks for any advise.