Not Returning Deposit

This is a discussion on Not Returning Deposit within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I'm a first time landlord (not by choice) and I got an estimate for damages caused by my tenant after ...

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Old Jan 28th, 2008, 07:32 AM   #1
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Question Not Returning Deposit

I'm a first time landlord (not by choice) and I got an estimate for damages caused by my tenant after they left the property. The damages exceed their deposit amount. I was going to send them an inspection list and itemization of costs but how long must I give them to pay the balance prior to filing a small claims case (if necessary)? Do they have 30 days? Also, does the work have to be completed prior to me asking for what they owe? I'm in Ohio.

Hope you can help, thanks.
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Old Jan 28th, 2008, 02:49 PM   #2
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Default Re: Not Returning Deposit

You must send a statement of deductions from their deposit out in the mail within 30 days of the date they vacate the premises. If you cannot get actual receipts for the work done (because you cannot get the work completed in that time) you can mark the repairs as "estimated", then state the amount and the reason they are estimated, along with a timeline of when the repairs are to be completed. If you mark estimated, you must follow up with an updated deduction statement when the repairs are actually completed. I have had to do this several times myself. With the weather we have here, most judges understand that you can't complete some repairs during certain times of the year (you couldn't do concrete repairs outside in January, refinish wood floors in spring -too wet, repaint the exterior in winter, etc.). But you do have to follow-up with the actual costs when completed. Try to complete the repairs as soon as possible.

When you send the first statement back to them, let them know an estimated cost that they will owe you. Let them know that an updtaed final bill will be forthcoming. When repairs are complete, send a bill for the total owed with the updated and final statement. Give them 30 days to pay you (as a courtesy since that is what most companies allow), then you may file in small claims. This also shows that you gave them time to pay but they refused. Be sure to have all the actual receipts for the repairs and plan on explaining why it took longer than 30 days to have the repairs completed. Good luck.
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