Legal Question in Real Estate Law in Ohio

rental deposits

My lease will be up in May I asked my landlord twice if I could break my lease once in Nov(because I had a chance to get a house), that fell through. Iasked again in Jan because I was starting school full time and I wanted to save $$ she told me yes, Iasked her if I would receive my security depositback and she said yes. Igave 30 days so Ipaid feb rent which meant that I had till the 29th to get the last of my stuff out. She left me a letter stating I owed her $1500 for the remaining three months rent. she was mad cause I wasited till the last day to remove a bed she had 30 days to return my security deposit with a itemized list of what my $500 was used for I never recieved anything.


Asked on 4/27/00, 6:00 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: rental deposits

Technically, the landlord is entitled to receive rent for the duration of your lease. However, the landlord is required to mitigate his damages and make every effort to rent the place. You should have had the representation by the landlord in writing. Otherwise, you will need to show somehow that the landlord made the representation that the landlord was not going to come after you.

The second question deals with the return of the security deposit. You are correct that the landlord is required to return to you within 30 days after vacation of the premises either the security deposit or why the landlord is withholding the security deposit is to be given to the tenant. However, the Court looks to what has been "wrongfully" withheld. In other words, if in fact you owe the landlord $100 in damages they will subtract that amount from the security deposit and award you the remainder with triple damages and attorney fees.

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Answered on 6/12/00, 3:42 pm


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