Legal Question in Real Estate Law in Ohio

Deposit

I am the landpord. My tenant has moved out and wants his deposit back. I have told him that I cannot give it back to hime because of the damages that need to be repaired. i.e. cleaning service to clean house, resurfacing the bathtub, carpet cleaning or replacement etc.. My tenant has threatened me with small claims court. What can I do? What are my legal rights as far as keeping his deposit ($750) to pay for the damages? Do I need to send him a itemized letter of damages and estimates? He moved out on September 1st but did not give me a forwarding address until yesterday.(9/24) Does this have any bearing on the time frame of when , if any , of his deposit should be returned?

Thank You


Asked on 9/25/06, 1:37 pm

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

Re: Deposit

You need to give him an itemize statement as to how his deposit was applied to the damages within 30 days of his vacating the property, so do that right away. If he does file a suit against you, you will need to appear in court, and show the judge or magistrate documentation of the damage, i.e. photos and repair invoices and receipts. If the repairs actually exceed his $750.00 deposit, you and pursue a claim against hime for the balance. If you have any questions, feel free to contact me.

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Answered on 9/25/06, 2:29 pm


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