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?
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.
"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."
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.
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(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."
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