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Return of Security Deposit

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Stover

Junior Member
What is the name of your state? Ohio

I have a tenant who moved into my four family on 11/6/99. She signed a Rental Agreement for the apartment. In the agreement it states "The tenant shall pay the sum of $350.00 to the landlord in advance on the first (1st) day of each month. No later than the fifth (5th) day of each month. The first day of each month shall be the (Periodic Rental Date)". The agreement gives the following example (Rent due on January 1st shall be for the period January 1st through January 31st).

I always pick-up the tenants rent on or around the 5th of each month. In September 2002, I picked up her rent on the 9th of the month. When I got there she informed me that she was moving. She handed me a hand written paper that stated she would be moving. The note was not dated. She stated that she needed to date the note the 5th becasue that is when she wrote it out with her money order for the month. She then wrote another one out and asked me to sign it. I wrote on the second note that she wrote that she had gave me a note on the 9th but dated it the 5th. About a week later, she called me and told me that she would be moving out on the 9th of October and her lawyer told her I should pro-rate her rent for the month. I explained to her that if she was living in the apartment on the 1st day of October, she would be responsible for the entire months rent for October. I also explained that she should have given me the note before the end of August 2002.

The electric line for washer in the basement of the building is running to her electric box for her apartment. I did not know the line was connected to her electric box. Before buying the building, I had a Whole House Inspection done and that was no noted or told to me. She informed me that the line was pulling off her electric box over a year ago. At that time, I reimbursted her $275.00 for electric use of the washer. I explained to everyone in the building not to use the washer and why. When she called me two weeks after giving me the note, she told me people where still using the washer. I explained to her that she never said anything else to me about it until that call, and if she had said something I would have reimbursted her again as I did before.

Today, I received a letter from her lawyer, giving me her new address and requesting her Security Deposit be returned.

My questions is: Do I have to return the Deposit or any part of it. I don't feel like I have to because she did not give me a written notice before September 1, 2002.

If the washer was still being used after I reimbursted her why didn't she tell me about it. She told me about it when she found out it was happening the first time, so why would she not tell me if it was still happening? I don't think it was. :confused:
 


R

reddenbakker

Guest
Then dont give her the deposit back she will sue you in court, sounds fair to me.

Since YOU as a landlord have the responsibility to make sure the washer was not attached to her electricity, you did not pay an electrician to verify this and to have the washer and all other outside lights on your own seperate meter that you pay for.

you have a four family house there should be 5 electric, gas, and water meters, a tenant has a legal right to know exactly how much they use.

any meters that are shared you the landlord must pay, and you cant divy it up between the tenants.

so you decide if you want the aggrivation, if you do, then dont give it back.
 
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E

eberha14

Guest
Under Ohio law, notice has to be given atleast thirty days prior to the periodic rental date.

§ 5321.17 Termination of periodic tenancies.
(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.

Since this wasn't done, her tenancy can't be terminated until the following month, and she is liable for the monthly rent.

As far as the security deposit is concerned, you still need to follow the proper procedures in your state. Read the following:
http://www.mv.com/ipusers/nhpoa/ohdepo.htm
 

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