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land lord dispute

  • gaamy
    gaamy
    Participant

    we recently got out “move out statement” from our former town house and we were shocked to find that in addition to keeping our $300 deposit they’re also asking for an additional $214.00.

    they claim they house was filthy and we left damage beyond normal wear and tear AND have charged us for two water bills we dont owe. we’ve brought the water bills to their attention and even sent them video of the way the place looked when we left since they refused to do a walk through before we left and instead let the house sit unoccupied for three weeks before doing their walk through. this is significant b/c two weeks before we moved and empty townhouse three doors down from us was broken into. they claim they have pictures of our “mess” and have said they would email them to us three times and have not. i’m in contact with thier regional manager but she isnt being of much help either.

    is there any way to dispute this other than just waiting for them to take us to court? the townhouse is in ohio and we’re in north carolina now. i’d really rather resolve this and not have to take a 6 hour drive when we KNOW we dont owe them this money.

Viewing 6 replies - 1 through 6 (of 6)
  • Magster
    Magster
    Keymaster

    Oh man, do you have my sympathy! Our only renting experience that wasn’t through family-owned homes made me vow never to do it again.

    I really don’t know the legalities of it all. Surely they won’t take you to court over $214?!? It would cost more for them to hire an attorney. I’d just make sure you keep all correspondence and have copies of your pics that are timestamped from when you took them to have handy as evidence. You may need to consult your own attorney if they don’t drop it.

    yellowwatts
    yellowwatts
    Participant

    Oh man how terrible! I don’t really have any advice but I hope you get it worked out!

    Momkey
    Momkey
    Participant

    I would see if there is a lawyer who does free consultations! My only fear really, would be getting placed on a list of bad tenants!


    embra
    Participant

    I found the below online in case it is of use. It is for Ohio. Some states also have lists of things that are permissible to take out of a security deposit routinely, such as maid fees, carpet cleaning, and repainting under certain circumstances, so if the costs they list are part of whatever is considered ok for your state, you kind of have to kiss your money goodbye even if you cleaned thoroughly before you left. You are lucky that the security deposits are so tiny where you live! I would be inclined to just pay it to avoid a hassle and keep my financial and renting reputation intact, but I totally understand the urge to fight it to keep corrupt landlords from getting away with things like this in the future. Good luck!

    5321.16 Procedures for security deposits.

    (A) Any security deposit in excess of fifty dollars or one month’s periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

    (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.

    Effective Date: 11-04-1974

    gaamy
    gaamy
    Participant

    thanks for the info, Embra. we’ve been doing some research on this and discovered that in ohio a landlord isnt required to do anything b/w tenants. the only stipulation is that the property must be safe to reside in. So, while the letter of the law is that we are not responsible for normal wear and tear, since they arent required to even clean it between tenants they can technically charge of for anything they feel like and we’d have to go to court to fight it. in our case that means a six hour drive and time taken off work, something we cant afford if we lose or even if we win and the judge decides we arent entitled to have them pay us back for those things.

    this is SO messed up. every state i’ve lived in in the the south the landlord was required to paint, have the carpets cleaned and have the place cleaned between tennants.

    Momkey
    Momkey
    Participant

    I won’t be moving to Ohio anytime soon! :/
    That is messed up!

Viewing 6 replies - 1 through 6 (of 6)

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