QUESTION
What's the best way for me to get my deposit back from my slumlord without having to pay extra money in doing so?
Asked on Apr 24th, 2013 on Landlord and Tenant Law - Ohio
More details to this question:
My ex-landlord refuses to send us our deposit back, as well as a letter stating why. As I understand it, he is legally required to send out one of the two within 30 days of us moving out/ end of our lease. His reason as to why we aren't receiving the money, according to a text message he sent, is because the letter listing the issues we found with the house- that weren't taken care of by him-"pissed him off". In reading the Ohio Revised Code, I found that, as a tenant, it was kind of my duty to leave him a list. I also read somewhere that if he does not send back either the money or letter I can then sue him for twice the amount of money, so long as it is not more than the monthly rent. How do I get back my money and where can I find a lawyer to do this for free, or at least little cost? Also, do I even have a case?
1 ANSWER
Your understanding of the law is correct that your landlord must provide you with the return of your security deposit and/or an itemization of deductions for damages beyond normal wear and tear and/or unpaid rent within 30 days of your surrender of the property. Failure to do so entitles the tenant to the amount withheld, plus damages in an amount up to the amount wrongfully withheld, plus reasonable attorney fees. However, to be entitled to additional damages and attorneys fees, you must have given the landlord your forwarding address in writing at the time you turned the keys over.
Because attorney fees are recoverable damages, you will not most likely find an attorney who would do this for free. But because fees are recoverable, it should cost you nothing to hire an attorney. Find a lawyer in your area who handles landlord/tenant law, and they should be able to help you out.
Answered on Apr 26th, 2013 at 3:27 PM