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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Landlord-Tenant
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Experience:  19+ years of Landlord/Tenant legal work.
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i moved out of my old apartment january first, i have a lease

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i moved out of my old apartment january first, i have a lease that says that i get a security deposit back if within 30 days of THAT notice a detailed list of repairs hasn't been sent or given to me, here it is end of febuary and i ask my land lord for it and he says he doesn't owe me the money, he WON'T pay it and that he's going to send me a bill for damages that I didn't even make! However i sent him a formal notice that I was going to vacate along with the copy of his lease that i signed. So I told him I would see him in court. His whole argument is that I have a roomate that didnt move out till Feb 1. however he never put my roomate on the lease. I have proof that he owes me... do I owe him ANYTHING? and what forms do i have to file in order to suit for the sec deposit?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  AlexiaEsq. replied 2 years ago.

sojlaw :

Hi, What did he mean by a roommate not on the lease? Did you move out and that unapproved person stayed? Did you have written permission to have a roommate?

AlexiaEsq., Managing Attorney
Category: Landlord-Tenant
Satisfied Customers: 11743
Experience: 19+ years of Landlord/Tenant legal work.
AlexiaEsq. and 8 other Landlord-Tenant Specialists are ready to help you
Expert:  AlexiaEsq. replied 2 years ago.
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Expert:  AlexiaEsq. replied 2 years ago.
I have moved us to Q&A since it seems you may be having trouble with the chat box. I will be back shortly with a response, OK?
Customer: replied 2 years ago.
when i first moved in i signed the lease with someone who didnt pay his half of rent, even tho legally my land lord was the one who would have to collect the other guys half i paid it untill i got a roomate. my landlord said he would add the other person to the lease but never did, he was ust happy to be getting full rent every month.
Expert:  AlexiaEsq. replied 2 years ago.
Hi again,

i moved out of my old apartment january first, Did you notify your landlord in writing that you were moving out on X day?

 

i have a lease that says that i get a security deposit back if within 30 days of THAT notice a detailed list of repairs hasn't been sent or given to me, here it is end of febuary and i ask my land lord for it and he says he doesn't owe me the money, he WON'T pay it and that he's going to send me a bill for damages that I didn't even make! Are there damages? If so, if you didn't make them, do you know who did? Also, did you by chance keep any proof of the condition of your apartment on move out day?

 

However i sent him a formal notice that I was going to vacate Excellent, did you mail it certified mail, rrr.?

 

along with the copy of his lease that i signed. So I told him I would see him in court. Good!

 

His whole argument is that I have a roomate that didnt move out till Feb 1. however he never put my roomate on the lease. I understand, did you have permission for this person and/or did your lease mention any requirement of permission if you brought in a roommate?

 

I have proof that he owes me... do I owe him ANYTHING? and what forms do i have to file in order to suit for the sec deposit?The forms would be a complaint that is suitable for your local landlord - tenant court - you need to look up those particular local rules, and/or see your local LT court who like has a form packet for pro se litigants. There is no other "form" - it is called a Complaint and Summons, typically, that attorneys draft up, according to the local rules of whichever court they happen to be in - which can vary in LT court. But again, because the courts are typically familiar with pro se litigants, they often have form packets - you can even see if they have a court website where many POST their forms.

 

I look forward to your additional answers, if you want some additional information.

Customer: replied 2 years ago.
i sent him txt AND email confirmation when i was leaving, (and honestly i left 10 days prior to that) i have nothing certified.

i might have some pictures of the condition, the only thing i know i damaged was a small hole in the ceiling that, well honestly is a 20 dollar plaster job, and hes saying that minus the security deposit i still owe him 800 dollars... he said this AFTER i asked him for my 725.

my lease says that the other person would have had to be added to the lease or they werent allowed however the land lord never enforced this.

Expert:  AlexiaEsq. replied 2 years ago.
The problem with not giving yourself an entrance AND exit walk-through video (for future reference with ANY apartment) is that it is a he said/she said....

Your addition of a roommate is troublesome - and of course his lack of enforcement may be helpful, but it may still be a problem.

One more question, what state is this in?
Customer: replied 2 years ago.
ohio, darn it! i swore i covered my bases because that guys pretty sneaky and angry, he lived in the unit below ours and all he did was scream and hit his girlfriend and bug us. i was happy to leave and I just want my money.
Expert:  AlexiaEsq. replied 2 years ago.
I understand. I don't think all is lost here.

Hopefully you have PROOF of his receipt of your digitial notice of vacating - such as his return email? His reponse, saying, OK! And, hopefully you provided him your forwarding addres - because he can't send you an itemization without it, obviously. Nor can he send you the deposit. So I presume you gave him that.

If so, while you were in breach with the roommate, that really may NOT cause an issue because that does not negate his requirement to give you your deposit back in full within 30 days if he didn't provide an itemized statement of damages. His claims for damages may be valueless to him because he failed to indicate them in writing in a timely manner. And, his failure to pay you your dep, can mean he must pay you DOUBLE in addition to losing his right to deposit.

"Within 30 days after the landlord receives this notice and the tenant moves out, the landlord must send the tenant the security deposit balance, if the amount returned is less than the full deposit, the landlord must include a written itemized statement of any deductions for damages or past due rent.

If the landlord does not return the security deposit and statement within thirty days after the tenant moves out, the tenant can sue for the return of the deposit. If the tenant has given a forwarding address in writing to the land- lord, the tenant can recover TWICE the amount the landlord should have paid, plus the tenant's attorney fees. Suits for less than $3,000 can be brought in Small Claims Courts."

 

http://www.dayton-ombudsman.org/llt.htm

 

Given the fact that he may have MORE to lose than you, and HE clearly violated the deposit law, while you did not clearly do so, I think he'd be an idiot to not settle this - however, idiots and abusers about, so I'd not wait and rely on that - I'd head down to the courthouse (LT) and make the move. You COULD try just sending him the law on notice and the DOUBLE value of what you have every reason to believe you will get, and how he lost his opportunity to claim damages - and he may say, OK, here is your deposit, let's call it a day. Worth a shot. And if he does it, try to get the double deposit perhaps.

 

Good luck! I wish you justice here.

 


I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely appreciate your abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

Customer: replied 2 years ago.
thank you SO much!
Expert:  AlexiaEsq. replied 2 years ago.
Very welcome! Have a great day!
Customer: replied 2 years ago.
Hey I know you already answered questonas on this however I have an update on the situation and I got the free 30day thing you sent.
So i looked at everything you sent me and I sent him a 10 day notice with the Ohio ordinance on it and the fact that I would be entitled to double. He left me a threatening voicemail saying he was ging to take ME to court. my question is this.

1.He never sent me a written statement of what was going to be taken out of the security deposit via email OR to my new mailing adress. HOWEVER the night he started harassing me he send me a text with all types of stuff (ie. "garbage removal........ 250") would that text message be admissable in court? or would he have hd to send me like a written statement with recipts etc??

2. my roomate moved out on the 1st of febuary... its been 50 days for me and 30 days for him and i STILL have nothing but that text message, so regardless of if he got smart and sent me the statement now, wouldn't he, no matter what, be out of luck?
Expert:  AlexiaEsq. replied 2 years ago.
Hi again,

Hey I know you already answered questonas on this however I have an update on the situation and I got the free 30day thing you sent.
So i looked at everything you sent me and I sent him a 10 day notice with the Ohio ordinance on it and the fact that I would be entitled to double. He left me a threatening voicemail saying he was ging to take ME to court. my question is this.

1.He never sent me a written statement of what was going to be taken out of the security deposit via email OR to my new mailing adress. HOWEVER the night he started harassing me he send me a text with all types of stuff (ie. "garbage removal........ 250") Is that the only alleged charge? garbage removal? And did you leave garbage? $250 worth? would that text message be admissable in court? or would he have hd to send me like a written statement with recipts etc?? Just a list. But if you sue him, he will have to provide receipts to prove the alleged expenses. Did he text you within 30 days of your lease end? I would ARGUE that text is insufficient notice, "not written" even though it is constructive notice.

"5321.16 Procedures for security deposits.

(A) Any security deposit in excess of fifty dollars or one month’s periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section. (You may, however, still prove that he OWES you your deposit back if he can't prove those damages.)

(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees."



2. my roomate moved out on the 1st of febuary... its been 50 days for me and 30 days for him and i STILL have nothing but that text message, My concern is that if YOUR text with your new address counted as written notice, so may his text list of deductions - or, arguably, if your text does NOT count as written notice (and I'm finding no reference to this in the laws), then he COULDN'T send you the list by mail, nor could he have sent you a deposit back...but you can still sue for it now...

so regardless of if he got smart and sent me the statement now, wouldn't he, no matter what, be out of luck?
Only if he has your forwarding address, legally speaking. Can't send it it he doesn't know it.
Customer: replied 2 years ago.
i didnt txt him a written notice i sent him an email. if he sent me an email or mailed me an itemised list would that then negate the fact that he sent me those txts? also as listen in item (a) i never recieved any yearly reembursment from him, am i entitled to sue for that as well?
Expert:  AlexiaEsq. replied 2 years ago.
Yearly reimbursement for what????
Customer: replied 2 years ago.
Doesn't section (a) state that every year after the first six months he has to give me the security deposit amount?
Expert:  AlexiaEsq. replied 2 years ago.
No, it says if your sec. dep is greater than 1 months rent, it must be placed in an interest bearing account and he must pay you that interest annually.
Customer: replied 2 years ago.
ha-ha okay, thi is just ugly thats all okay thatnks
Expert:  AlexiaEsq. replied 2 years ago.
I hear you. Good luck with all.

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