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I was not given my security deposit back after I moved out.

Customer Question
I was not given...

I was not given my security deposit back after I moved out. The manager did not do a final walkthrough with me but stated that she ask me and I declined that a lie. Now they are charging me for stains in carpet they say my dog did but that's not true. The carpet was cleaned before I moved out. Help .

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Ohio

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

When I moved in there was a pet deposit of 200 and the lease was 12 month lease. I li ed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Iived there for 2yrs. And paid my rent on time

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/20/2017
Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,290
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

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Lawyer: Loren, Lawyer replied 1 month ago

The landlord may only retain any portion of the security deposit for unpaid rent and damages in excess of reasonable wear and tear.

If the landlord has deducted any portion for a reason not applicable to either then your remedy is to sue them in small claims court for the return of the unlawful deductions.

Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Hopefully you have photos of the condition when you vacated the premises. Otherwise, you can bring in the carpet cleaner to testify.

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Customer reply replied 1 month ago
I'm the one who cleaned the carpet. I worked 30 yrs. for the city of Dayton as a building attendant and cleaning carpets was a part of my job descriptions. I was not able to take pictures after I'd clean because my phone died. But they sent me pictures they took and it was not of the front of the carpet but the back underneath. Saying my dog left spots. I have a shit shu who is trained to go out side to use it. The spots looked like someone put them there because the spots were not on the front of the carpet.
Lawyer: Loren, Lawyer replied 1 month ago

Then you can testify as to the condition. However, if the landlord shows up with photos then the court is going to be likely to find that more compelling evidence than your testimony.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.

Go ahead and file your claim in small claims court and you may be able to leverage a settlement to get back at least part of the deduction.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 1 month ago
What if I show them pictures of my apartment where my furniture was sitting in the areas where they claim the stains were?
Lawyer: Loren, Lawyer replied 1 month ago

Present any evidence you have to support your claim.

There was a saying we learned in trial advocacy:

If the facts are on your side, pound the facts.

If the law is on your side, pound the law.

If neither is on your side, pound the table.

I am not trying to be flippant, but you use whatever you have to prove your claim.

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Lawyer: Loren, Lawyer replied 1 month ago

Are you still online with me?

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Lawyer: Loren, Lawyer replied 1 month ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,290
36,290 Satisfied Customers
Experience: Attorney with 30 years of experience representing landlords and tenants.

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