Legal Question in Real Estate Law in Ohio

75 days after move-out, still no deposit returned

My roommate called our old landlord sometime during the month after our move-out date of 8/31/02 to inquire about our security deposit. My roommate informed me that in this call he left a forwarding address and a phone number to call in case the landlord needed more information. According to my roommate he made this call several times throughout the month of September, but never heard back from the landlord. I got upset and decided to phone the landlord myself sometime around 10/4/02. He returned my call and said that our lease stated he had 60 days to return our deposit, and that he would get it to me by then. The Ohio Revised Code says that the deposit must be returned within 30 days after termination of rental agreement, but since he says the lease stated 60 days I thought I'd wait the 60 days before contacting him again. It is now 11/14/02, 75 days after termination of our rental agreement and have not received the deposit. We have given the landlord our forwarding address and phone number. What are any legal actions I can take against this landlord, fees, penalties that I can inform him of?


Asked on 11/14/02, 10:09 am

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: 75 days after move-out, still no deposit returned

Your former landlord has 30 days to return your deposit or provide you with an itemized statement reflecting how the deposit was applied to damage to the property. Since he has failed to do so, you are entitled to double you deposit. You need to file a complaint with the small claims court in the city that the property was located in.

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Answered on 11/14/02, 11:12 am


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