Security Deposit

[sfeldkamp]

My old lease ended on April 30, 2010. I just received, yesterday May 23 2010, an itemized sheet signed by our landlord's son saying that we owe them $646.55 in addition to them taking our whole deposit of $1025. Is this even allowed since it has been over 30 days of the lease terminating? Also, our landlord never gave us a copy of our lease even though we asked for it several times. So I don't know if in the lease it says she has 60 days? Is that even allowed anyway? In addition, her son, which is her partner is the one that signed the itemized sheet. Shouldn't it be signed by our landlord? I do not know what to do! She is charging us for outrageous things. For example, a new front door when the old one was perfectly fine! Please give advice!!

 

[Gail_in_Georgia]

Clarification please...

If your lease ended April 30, 2010 and you received this information May 23, 2010, thirty days had not passed.

Or did you mean you received it June 23, 2010?

Gail

 

[sfeldkamp]

Yes, I meant june 23. Sorry!

Clarification please...

If your lease ended April 30, 2010 and you received this information May 23, 2010, thirty days had not passed.

Or did you mean you received it June 23, 2010?

Gail

 

[Gail_in_Georgia]

I thought that might be the case but I wanted to make sure.

Here is some information regarding the landlord/tenant law in Ohio; focus on the section that covers security deposits:

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

Because the 30 day deadline has passed, you could (if you wished) sue the landlord for double the amount of your entire security deposit. Such cases would typically be heard in Small Claims court as, in this case, the amount would be under the $3000 limit.

If you do not wish to do this but simply want all of your deposit back, write a letter to the landlord demanding such and citing that their failure to provide this information within the 30 day requirement negates their ability to keep any of this.

Gail

 

[sfeldkamp]

I do not have a copy of our lease so am not sure about this.. but if the lease agreement says that the landlord has more than 30 days to return the deposit does that overrule the 30 day deadline law?

 

[Gail_in_Georgia]

No. Whatever a landlord puts in a lease cannot override the states statutes, even if the tenant agreed to this by signing the lease.

Gail