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Security Deposit
by Joe (Ohio)
on July 29, 2014 @15:01
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My tenants moved out at the end of May. They failed to pay a portion of last months rent and utility bills. They also left the place a mess and caused some damage that required a plumber. The unpaid bils and damages basically equaled the security deposit. I'm pretty sure the tenants did not expect to get deposit back. I did not send the deposit nor did I send them an itemized list of damages. They are now saying since they didn't receive the list within 30days of move out that I owe them the full deposit. Is that accurate?
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Re: Security Deposit
by Bill
on July 29, 2014 @15:07
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It could be correct. These deadbeats could also win an award in court greater than the deposit.
Not all states allow unpaid rent to be deducted from the deposit.
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Re: Security Deposit
by Anon E. Mouse
on July 29, 2014 @16:48
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Yep.
Most states require the landlord to be proactive in providing the tenant with an accounting and a refund of the remaining balance of the security deposit. You've got to account for it promptly, or else you lose the right to apply it towards the unpaid balances and damage.
Under Ohio Revised Code 5321.16, you need to account for the security deposit within 30 days. If you don't, you are liable for the entire amount. Plus, if the tenant provided you with a forwarding address, the tenant can recover double damages and attorneys fees. (If he didn't provide a forwarding address, he's limited to the amount of the deposit).
As a landlord, you MUST know how to handle the security deposit.
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Re: Security Deposit
by Wilton (IL)
on July 29, 2014 @17:27
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Whether it is too late or not, fill out a Security Settlement Statement listing all the charges against the security deposit.
In case you do go to court, you'll definitely need this if there's any chance to keep the deposit.
Now you know to ALWAYS send a Settlement Statement whenEVER you deduct from a deposit. Even if you deduct $1.
Checkout the LPA's settlement statement , property condition move-in report and security challenge crusher in Essential Forms.
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