Legal Question in Real Estate Law in Ohio

return of damage deposit

Jan 16'I put a deposit on an apartment,after verifying with the landlord that the building was quiet, since I have a day job and it is imparative that sleep at night. He said that the apartment was quiet, that there were no problems, and that there were definately no parties. He asked me to wait a day to take posession of the apartment because he had some repairs I agreeded. Tuesday evening I attempted to move in the other tennants were having a party, until 4 am. 8:45am I called the landlord and explained that the apartment was not suitable for me because I suspected that the other tennants were involved in illegal activities, He said he had been having problems and to bear with him for a couple of months while he handled it. I explained that I could not jeprodize my own responsibilities. I asked for my monies back,he said to cancel the rent check he'd used the other. No lease was signed, I feel he misrepresented the environment to fill his vacancy, am I entitled to have my damage deposit returned to me in a timely fashion


Asked on 12/23/01, 5:33 pm

1 Answer from Attorneys

Joseph Jacobs Jacobs & Lowder

Re: return of damage deposit

Sounds like you should be able to get your deposit back, but probably only after a stern letter describing how you relied on his statements prior to agreeing to live there. He later then admitted to you that he had indeed had problems with tenants and parties. This contradiction is fraud. Also, the fact that you do not have a lease is very important.

Send the letter certified immediately.

For more information or for me to send this letter on your behalf, feel free to call me.

Joe Jacobs

216-227-0900

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Answered on 12/23/01, 6:53 pm


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