Security Deposit Refund

[BadDecision]

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

Here's the fatcs:

Tenant paid $1000 security deposit, lived at property 2 years

Tenant mailed (not certified) 30 day written notice of non-renewel of lease to landlord with a forwarding address
Tenant and landlord have phone conversations scheduling walk through etc.

Tenant has carpets cleaned and walkthrough on 6/30 (day of move-out)
LL verbally states only one repair required, should be under $50House is cleaner at move at than was at move in

2 weeks later tenant calls LL about SD, LL stated other LL did seperate walk through (with out tenants) days later and things have changed (no details given) but may be a few additional repairs added

LL stops returning tenants calls and does not send anything to tenant

Now it is day 50 after the move out, tenant has not received SD or an itemized list detailing anything.

How likely is it tenant would receive SD if they take LL to court?

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

 

[Gail in Georgia]

Depends on how the judge rules.

In Ohio, the security deposit (or information regarding the amount kept for damages) is to be mailed to the former tenant within 30 days.

I'm assuming the landlord has the tenants new address?

Gail

 

[BadDecision]

Depends on how the judge rules.

In Ohio, the security deposit (or information regarding the amount kept for damages) is to be mailed to the former tenant within 30 days.

I'm assuming the landlord has the tenants new address?

Gail

Yes, address was mailed with the letter to the landlord 30 days prior to end of lease/move out date (as per the lease).

Landlord has not mailed anything (no money, no list of deductions) and the tenants move out date was 6/30, its now 8/19 (past the 30 days) and can't get a response form the LL.
Tenants have asked an attorney to draft a letter which was sent this week, I am just curious how these things tend to go in court.

BTW, LL's have mutiple rentals and own a construction company - they should know better.

 

[Gail in Georgia]

The letter should "jog" the landlords memory (and their pen writing hand).

Gail

 

[ecmst12]

It depends on your specific court/judge, but generally if the accounting isn't mailed out within the time limit, and you wait more then 2 or 3 days to file, they've acted in bad faith and give up their right to keep any of it.

 

[BadDecision]

Thanks guys!

 

[BadDecision]

Update

Just wanted to give an update, we finally got resolution

Our attorney sent a certified letter to LL explaining Ohio law and asking for entitled amount of double the deposit.
LL called attorney freaking out (LL thought it was stupid for such a small amount) $1000 is no small amount.
Anyway, LL said she just forgot about the deposit, there were damages blah blah blah, and was only going to send $1000, not $2000. I was mad because we had to go to the expense of getting an attorney just to get a reply from LL and we had done nothing wrong, LL did.
Well LL sent the check for $1000, attorney deposited check and then sent another letter stating we were entitled to double per Ohio law and any claims to damage were null and void due to her not mailing anything within the 30 days.

Well, yesterday LL sent the second check for the full amount. WOOHOO!
Apparently LL got mad and called her own attorney who instructed LL to pay it and move on, LL had no case and would likely have to pay attorney fees if LL let it go to court.