Legal Question in Real Estate Law in Ohio

Security Deposit
We recently moved out of a rental. We had three cats that did urinate on the upstairs carpet, but the carpet was already over 8 years 9olds and had dog urine stains (and smell) from a previous tenant). Our cats did not urinate on the new carpet that was installed downstairs before we moved in. Even though the carpet was so damaged at the time we moved in, my husband offered to install new carpet-he has professional experience installing carpet (at his own expense), but they turned him down. He did pull up the carpet in the one room and scrub the floor, however. Before moving out, they came through and inspected the place, and we asked several times if they needed for us to do anything else and they repeatedly said no. Also, we had NO written lease or agreement of any sort, although she had told us at the time we moved in that she was going to get us a lease to sign-she just never did. Now they are trying to keep our $650.00 security deposit because of ''damage carpet'' that had to be replaced. We have even agreed that they could keep half for any cleaning they did but do not agree that we should have to replace carpet that was already ruined. They will not agree to even give us half back. Would we have a case?

Asked on 10/23/02, 9:27 am

Joseph Burke Law Office of Joseph T. Burke

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Re: Security Deposit

I believe you have a legitimate claim for half of the security deposit. However, I would recommend that you pursue it in small claims court.

Answered on 10/23/02, 11:49 am

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