Withheld security deposit and add'l charges

[Brandon781]

Issue: I moved out April 1, 2009 and did not receive an itemized list until June 15, 2009, stating that I failed to pay rent in July 2007 (my old roommate closed his bank account months ago and no longer has any record of the payment), thus my security deposit was withheld. Also, there was a claim for cleaning and painting.

Background: I signed the first lease in Jan. 2007 with my first roommate, which ran until Aug. 2008. I then signed a new lease, with a NEW roommate, which ran until April 2009. The security deposit supposedly transferred at the time the new lease was signed.

Questions:

1. I'm sure I would win in small claims court for the deposit from the 2nd lease for an infraction during the 1st lease. My question is, could he then counter with a claim against my OLD roommate and I for failure to pay rent in July 2007?

2. Do I need to pay the damages over and above the withheld security deposit even though he waited beyond the required 30 days (Ohio law) to provide an itemized list?

Thank you very much for any help whatsoever you can provide! -Brandon

 

[Gail_in_Georgia]

Write a letter to the landlord disputing the security deposit held for damages and rent owed for a month almost 2 years ago. Explain that if the landlord does not return the full security deposit amount by a certain date you will consider filing a lawsuit for twice the amount of the deposit since you were not notified of the status of your security deposit until after the 30 day allowance for the state of Ohio.

You did notify the landlord of your new address, didn't you? That's a requirement for the tenant if they wish to get information regarding their security deposit within the 30 day time frame.

Gail