Non-Refundable Pet Privelage Fee

Status
Not open for further replies.

gertie

New Member
I am currently working to get my security deposit back and cannot see to find a lawyer who will work with us for less than $200 an hour. The apartment complex where I lived told me, upon signing the lease, that the pet deposit would go towards damages and was half-refundable. I paid $450 in a pet deposit and $49 security deposit. A month and a half after I moved out I called them to find out what was going on with the deposit. At that point I was told I wasn't getting my deposit back and they took my new address to send me the final account statement. Most of the charges are bogus but I did not keep good records on some items. They are telling me that I owe an additional $198. I did make sure that I gave them my forwarding address 30 days before I moved out and I have a copy of the letter, from their files, that includes this forwarding address. The rental manager stated that the non-refundable pet deposit would not be applied to the damages at all and was money that we just gave them. Mind you I paid extra each month on top of the pet deposit.

I know that, in Ohio, they only have 30 days to refund a security deposit but my concern is that the majority of my deposit was in the pet which the lease states is not in complice with ohio revised code 5321.16 which gives the 30 day time frame.

At this point I'm not even too concerned about getting any deposit money back so much as I don't want to pay them extra. (There was actually an over payment on the rent of $99 on top of everything else!) Is this worth taking to small claims court to try to get out from under these people? I know $198 isn't a lot but my roommate lost her job after we purchased a house and money is REALLY tight. I went in and talked to the office and they showed us pictures of the "damages" which included painting throughout the apartment but he was only able to show me two small touch up places.

I'm sorry to write a novel but I'm really not sure what to do and legal help is so expensive!

Thank you so much!!

Cassie
 
Cassie

Only you can decide if it is worth suing for this amount. Ohio landlord/tenant law does allow the former tenant to sue for double the amount kept if 1. the former tenant did notify the landlord/management of their new address and 2. if such information regarding the security deposit was not sent within 30 days of vacating the rental unit:

http://www.tenant.net/Other_Areas/Ohio/landlord.html

You might start out by writing a letter to management disputing these charges and, since management did not notify you within the required time period for this state, "demanding" that they eliminate these from your record or you will consider taking legal action.

If they do not respond, then consider filing in Small Claims court. Filing fees are typically minimal (and, are added onto the judgement if ruled in your favor).

Gail
 
Status
Not open for further replies.
Back
Top