Dayton, OH asked in Consumer Law, Small Claims, Contracts and Landlord - Tenant for Ohio

Q: Can I get my deposit and first month rent back if I never moved in due to pest issues, repairs needed and still dirty?

I was not given the opportunity to look at property before I moved in due to landlord not being available. My move in date was 8/16 and I received my keys and spent 2 hrs on walk thru on 8/15 @ 7pm going over things that needed to get done and unfortunately I had movers set up the next morning at 7am that was too late to cancel. So after my items were moved in stated to clean and more pest came out and I immediately left the place and gave been staying in a hotel giving them a chance to correct. He did pest control and hired cleaners but the place doesn’t look like it’s been cleaned. I asked for a full refund didn’t even ask for the cost of my movers due to pest and not being comfortable staying in the condo. Do I have a case if he refuses to refund me my money. I have pictures and text messages of back and forth of unprofessional conduct?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You can file in small claims court. Check the court web site for the forms and process to follow.

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