Legal Question in Landlord & Tenant Law in Ohio
Can a landlord keep your security deposit if you never moved in, never received keys or signed a lease?
Asked on 3/08/12, 7:08 pm
1 Answer from Attorneys
Eric Willison
Eric Eastman Willison
In Ohio, the landlord will have to give you back the money if you take him to court, but you won't be able to get double damages and attorneys fees because without an actual lease agreement (oral or written) nor a transfer of possession by your moving in, the case law says that the protections of Ohio Revised Code Section 5321.16 don't apply.
So you can't get double damages and attorneys fees, but you can get your deposit back. You might consider suing him in small claims court.
Answered on 3/09/12, 12:00 pm
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