Security Deposit

[KMcGill]

I live in the State of Ohio, rented an apartment for 4 years, and my lease terminated October 31, 2000. I moved and left the apartment in very clean condition. My landlord provided me a written statement that my deposit would be returned within 30 days (the deposit is $935.00). I have not received it within the 30 day period, so I phoned him and he indicated that he's having problems getting the nap in the carpet to return to its normal shape where my waterbed was located.

I know he has not rented the apartment as of yet, and it is my sincere belief that he doesn't have the money to return to me, as he was going to use the new tenant's deposit to return to me. He indicated the same thing to me when I rented...that he needed my deposit to reimburse the former tenant for his deposit.

My question is: does he have the right to keep my deposit until he rents the apartment again and receives their deposit, or until the "nap" returns to the carpet, as he so says? That's totally absurd!! Thanks for your help.

 

[HomeGuru]

Sounds like L has been taking to many naps.

 

[Paul Bernstein]

Local law must be retrieved

In most states, such as Illlinois and in some cities, like Chicago where I live and practice law, there are laws that govern these situations. You must search out the local law, if any there be, to see what options the law affords you.

However, it sounds like you are being pushed around. Hopefully, the law of your state, like Chicago, provides that if a landlord does not do the correct thing, then the tenant's lawyer can recover legal fees FROM THE LANDLORD.