SCAR 440 2006-2024 free printable template

NOTICE OF SECURITY DEPOSIT DISBURSEMENT DATE: TO: FROM: PROPERTY: RENTAL DATES: VACANCY DATE: MAILING ADDRESS: SECURITY DEPOSIT AMOUNT: $ LESS: (The following Deductions have been made from your

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Instructions and Help about landlord pay notice form

Hi my name is Eric Wilson, and I'm an Ohio attorney I've been practicing in the area of landlord tenant law since about 1996, and I'm going to talk to you today a little about the return of security deposits and what a landlord can and can't deduct from the security deposit it's important to note from the outset that relations between landlords and residential tenants in the state of Ohio are governed by Ohio Revised Code five three two one now that act is broken down into about eighteen or nineteen different subsections but the subsection that we're going to be most concerned with today is a higher revised code 532 1.16 the sixteenth section which deals with security deposits directly and what it says is that if the landlord receives written notice of the tenants forwarding address for the return of the security deposit and if the landlord wrongfully withholds any portion of the security deposit for more than 30 days after getting that forwarding address then the tenant can sue the landlord for three things one is the security deposit back number two is double damages and number three are reasonable attorneys fees pursuant to that statute 532 1.16 now the difficulty here is that the statute imposes no requirement of and here's a legal term for us-- I enter upon the landlord's part in other words the tenant does not have to show that the landlord was trying to be devious in trying to cheat the tenant out the mistake in deducting something that was improper or withholding something that was improper from the security deposit could be an honest mistake by the landlord's part could even be a miscalculation in math that's too bad for the landlord if you wrongfully withheld the security deposit for more than thirty days after the tenants forwarding address in writing then you're done you've got double damages liability, and you've got attorneys fees liability now this puts the landlord in a difficult position sometimes because the landlord may in good faith make a decision to withhold something and then have a court later on say well no you shouldn't have withheld that because that was permissible for the tenant under the law so what is it then that the landlords can withhold for the general rule of thumb is that if there is a breach of the lease agreement that causes the landlord actual damages then that would be a fairly safe thing to withhold for so if some tenants did not pay the rent that would be a clear case where the landlord could deduct if there is damage to the place that goes well beyond reasonable wear and tear like graffiti on the walls or windows that the tenants broke out or doors that the tenants kicked in or things like that you know appliances that the tenants took with them when they were supposed to all of these could be deducted now however the law has consistently stated in Ohio that the landlord cannot deduct for reasonable wear and tear now what is reasonable wear and tear a reasonable wear and tear has been defined by Ohio...

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