Legal Question in Real Estate Law in Ohio

death of tenent

father-in-law died 1-21-02,my husband paid january rent(was in nursing home)jan 24, lanlord told my husband he lost rent check and to write another one..my husband asked about security deposit for his dead father all the landlord would say was carpet is old needs replaced and wasnt giving back deposit,,so my husband stopped payment on lost rent check and told him to keep security deposit for last month of rent(even up) also gave landlord stove and fridge bought and left by deceased parents...ok both parents died,rented there 8 yrs,both in thier 80's,now the lanlord is suing my husband for unlawfull stop payment of check plus fees and late payment on january rent...he says ''excessive damages'' these people had no damges(holes in walls,etc.)and the landlord never gave a list of any damages..can he sue us..what about the deposit? thank-you


Asked on 4/05/02, 10:43 am

1 Answer from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: death of tenent

No, in fact unless the landlord gives you an itemized statment of how the security deposit was applied to "damages" to the apartment within 30 days of vacating you are entitled to double the security deposit. File a "Counterclaim" for the deposit.

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Answered on 4/08/02, 12:34 pm


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