Legal Question in Real Estate Law in Ohio

return of security deposit

I lived in an apartment for 1 year and then signed

an agreement to rent month by month.

I sent a letter to the apartment office giving the required 30 days notice before vacating and gave a forwarding address.

I vacated premises within the 30 days.

I recieved a letter forwarded to me through the post office stating that the landlord never recieved 30 days notice and no forwarding address and they were keeping my security deposit. any recourse?


Asked on 11/10/00, 11:49 pm

1 Answer from Attorneys

Ernest Ducey Ducey & Riewaldt

Re: return of security deposit

You can sue your landlord ins small claims court. You might be able to collect double the security deposit plus attorney fees and court costs under the following statute. It would be your word against his.

Ohio Revised Code �5321.16

(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.

(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him , together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.

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Answered on 11/20/00, 12:28 pm


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