Kent, OH asked in Landlord - Tenant and Real Estate Law for Ohio

Q: Will the landlord have any ability to charge me extra fees or keep my security deposit?

I sent a certified letter to the landlord on March 4, 2020 letting them know I'm moving out at the end of April. This was well within the required 45 day notice as my lease auto renews in May (the 15th I believe) if notice is not given. He never picked up the certified letter and it was returned to me "unclaimed" yesterday. I'm livid about this and am going to send it again only regular mail. I won't know if it is received or not. I also contacted the office and spoke to the woman who answered the call on March 9 to let her know there was a certified letter waiting pick up for them at the post office. She said she would make him aware. Can he take legal action against me for not notifying him?

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

A: Send it by FedEx and get delivery confirmation. Nobody refuses FedEx. Anybody can sue for anything -- so landlord could sue you for breach of the lease and say it auto-renewed because you didn't give proper notice. But at the hearing, you can provide evidence of your attempts to deliver notice. Be sure to give landlord your forwarding postal address. Landlord must send your security deposit or an itemized list of any deductions within 30 days. If he doesn't, you can sue him for 2X the amount of the deposit withheld, plus your attorney fees.

Nicholas P. Weiss agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.