Security Deposit Overcharging?

[Dorth27]

Jurisdiction

Ohio

I have question that not most people know the real answer to. My husband and I recently moved out of the house we were in and replaced, and fixed anything that we caused. Except a storm door which we already knew she would have to take out of our deposit. Well the last week we were moving my husband was bringing a dresser down stairs and fell against the paneling on the wall. He didn't actually go through it but he cracked it. And keep in mind there isn't any kind of support behind that paneling so we couldn't really help that. And that's a normal thing when your moving to fall against the wall a couple times. But anyways we also knew we would have to replace that paneling so we told her we would just like receipts. I go to contact her just to find out an estimated time we could get what was left of our deposit back. She tells me that we aren't getting anything back because she can't find the same kind of paneling so she has to replace all of the paneling.... is that right? Even though we only CRACKED one paneling do we have to replace all just because she can't find that kind anymore? Or are we only obligated to pay for the one we broke?

 

[adjusterjack]

Depends on what "all the paneling" means.

She would be entitled to the cost of replacing paneling in a section that's visible from several directions, but not the whole house.

And, of course, without seeing the damage it's not clear whether the existing piece could be repaired so that the repair was invisible.

I faced that kind of question with insurance claims but I had the luxury of being able to inspect before paying. My customers didn't get to hold the money hostage.

Did you happen to take photos of the damaged paneling and the area in which it was located? If so, post them here so I can see what it looks like.

Otherwise, you are free to sue in small claims court and make the owner prove the claim.

My guess is that she's just keeping the money and not replacing anything.

And, by the way, "telling" you that you aren't getting your deposit back violates the Ohio security deposit statute.

See 5321.16:

2015 Ohio Revised Code :: Title [53] LIII REAL PROPERTY :: Chapter 5321 - LANDLORDS AND TENANTS :: Section 5321.16 - Procedures for security deposits.

You might be able to get her on a technicality if you wait past the 30 days and have already provided your forwarding address.

 

[Dorth2730]

Sadly we did not get a picture.. we had always been on good terms with our past landlord. She is my grandparents neighbor and we just never thought anything of it. We trusted her. Needless to say lesson learned with that though. But to try and describe the paneling. the ceiling in the stair case is very high up and the walls for the stair way are anywhere from 4-5 panels around on 3 walls, of the older style wood paneling. Where my husband fell it is only cracked. There is no opening, you can't see in it, nothing can get through it, the crack is just over lapped. I have an example of the paneling that was damage but that's it...

I have a voicemail from her telling me we won't be getting the deposit back. From what I've been told she has to send out a certified letter telling us that we wont be receiving it back.