Springfield, OH asked in Landlord - Tenant, Contracts, Products Liability and Small Claims for Ohio

Q: Can the landlord give my security deposit to the neighbor?What is the legal definition of premises,just rented property?

I trimmed the neighbors bushes that were a fire and safety hazard next to my past residence because my land lord doesnt take care of the property and didnt want to talk to the neighbor. He told me where he thought the property line was so I trimmed the bushes on that line. The neighbor went berserk (a really unpleasant human being). I found subletters to cover the last 3 months of the lease for an internship period. I contacted him 10 days before 30 days after the termination of the lease. I txted him 2 days prior and he then called me at day 30 he tells me he gave my security deposit to the crazy neighbor. According to the lease he can only withhold the deposit for cleaning costs, replacement key costs, cost of repair or replacement of premesis, or any rent charges or fees unpaid. He gave her the deposit to get her to stop bothering him while I was gone without contacting me about it before the termination of the lease. Can he do this according to the criteria of the lease andOhioLaw?

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If you gave landlord your forwarding address before you left, landlord must give you an itemized list of any deductions to your security deposit within 30 days. If he did not, then you can sue him for double the amount wrongfully withheld plus your attorney fees. Use the Find a Lawyer tab here on Justia to consult with a local attorney.

Peter N. Munsing
Peter N. Munsing
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Mr. Jaap is correct. I'd only add,if you are entitled to the deposit, he still owes you regardless of who he says he gave "the money" to.

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