Security deposit & court? (by RJ [OH]) Jan 3, 2012 4:24 PM
Security deposit & court? (by Wendy [NC]) Jan 3, 2012 4:36 PM
Security deposit & court? (by Wendy [NC]) Jan 3, 2012 4:36 PM
Security deposit & court? (by Jason [PA]) Jan 3, 2012 5:25 PM
Security deposit & court? (by Ken [NY]) Jan 3, 2012 6:54 PM
Security deposit & court? (by Dejay [TX]) Jan 3, 2012 7:02 PM
Security deposit & court? (by Virden [OH]) Jan 3, 2012 7:12 PM
Security deposit & court? (by in [IN]) Jan 3, 2012 7:55 PM
Security deposit & court? (by Moshe [CA]) Jan 3, 2012 7:56 PM
Security deposit & court? (by RJ [OH]) Jan 4, 2012 5:08 AM
Security deposit & court? (by Jeff [CO]) Jan 4, 2012 7:37 AM
Security deposit & court? (by Virden [OH]) Jan 4, 2012 8:19 AM
Security deposit & court? (by Moshe [CA]) Jan 4, 2012 10:00 AM
Security deposit & court? (by Moshe [CA]) Jan 4, 2012 10:02 AM
Security deposit & court? (by BRAD 20,000 [IN]) Jan 4, 2012 10:39 PM
Security deposit & court? (by RJ [OH]) Jan 5, 2012 4:57 AM
Security deposit & court? (by RJ [OH]) Posted on: Jan 3, 2012 4:24 PM Message:
State Specific Question About: OHIO (OH)
Former renter is threatening court action if I don't PROVE I did a repair on damage she did on the home she had rented last fall. That home is sold now and was sold as is due to some personal problems that came along between getting her out of there and the actual sale. She was given the required 30 day notice of why she would not get her deposit back. She decides to start harassing and making threats of court action now when she knew about not getting a refund for over a month. Does she have grounds? What I don't understand is why this person is upset on money less that $400. She was given estimates of damages that was way over $1000. The security deposit was broken down to match her damages for her benefit since she is on gov assistance/metro. I am a rookie here-am I worrying for nothing? --75.185.xxx.xx |
Security deposit & court? (by Wendy [NC]) Posted on: Jan 3, 2012 4:36 PM Message:
Depends on what grounds / items you held back for. If you charged for cleaning, for instance, you'd need to prove you paid someone to do it, because you are not allowed to charge for your time. Only actual costs. If you charged for cleaning the carpets, and then rented a shampooer and did it yourself, you can only charge her for the cost of the machine.
In NC that is. But here also, it would cost her $126 to serve you. So to do that doesn't make sense either. --173.25.x.xxx |
Security deposit & court? (by Wendy [NC]) Posted on: Jan 3, 2012 4:36 PM Message:
And you are not required to provide HER with proof, only the court if she takes you. --173.25.x.xxx |
Security deposit & court? (by Jason [PA]) Posted on: Jan 3, 2012 5:25 PM Message:
As long as you have good documentation that the damages were more than what would be considered normal wear and tear you need not worry. --74.99.xxx.xxx |
Security deposit & court? (by Ken [NY]) Posted on: Jan 3, 2012 6:54 PM Message:
As long as you did a proper accounting of security deposit I would not discuss it with her,it just feeds her need for drama and undermines your authority.Let her take you to court and prove it to the judge. --67.252.xx.xx |
Security deposit & court? (by Dejay [TX]) Posted on: Jan 3, 2012 7:02 PM Message:
People either sue or threaten to sue. Rarely both. --99.68.xxx.xxx |
Security deposit & court? (by Virden [OH]) Posted on: Jan 3, 2012 7:12 PM Message:
Ohio is a 30 days state, it sounds like you followed the time table and she received the accounting statement although you should have shown the excess damages so if she does take you to court you can countersue and the court will already have made the discovery as they hold the correct damage report - some folks do not do this as lose this option, photos will be your friend compare the move-in with the move-out and on the back write down which line item they make reference to, if there is wear-n-tear this will be reduced from the damages, an example is the door trim is cracked and a large hole in a wall - the trim strip is considered moving but the wall and refinishing is damage so you would report the trim strip as a no charge part of that room repair billing for the drywall patch/seam service/seal-prime/paint to match room, if you have carpet damage from pets use a photo under the black light to show the puddling glow shape. --99.147.xx.xxx |
Security deposit & court? (by in [IN]) Posted on: Jan 3, 2012 7:55 PM Message:
In court the Judge will ask for them, before court her attorney will request them...
Many tenants are going to court...
The LL is liable for Attorney fees court cost and sometimes treble damages should you not prevail
If the $400 means so little why are you fighting for it...Your damages could exceed $4000.00 plus a lot of time...
People need to limit their liability, in the end that is the only difference between the rich and the poor...monetary loses from bad decisions.. --67.175.xxx.xx |
Security deposit & court? (by Moshe [CA]) Posted on: Jan 3, 2012 7:56 PM Message:
"What I don't understand is why this person is upset on money less that $400."
What I don't understand is why you are upset on money less that $400. After all, it is her money, it was given to you to hold against certain claims, so she has every right to have all the information about what it was used for, proof that it was done, and the cost.
--98.112.xxx.xxx |
Security deposit & court? (by RJ [OH]) Posted on: Jan 4, 2012 5:08 AM Message:
To those with questions....Damages done were over $1000. I was dealing with other severe problems all at once that took priority. It was decided then to get out of this business for obvious reasons mentioned. I just tried to be nice and take the loss (reduced it with the security deposit) I wanted to be done. The house was deplorable and torned up with items stolen. I have photos of the damanges. Sadly-the photos before her moved in are missing except for a few which shows the $400 damage prior to her move in. I have professional estimates and witnesses who have been in the house before and after her depature through the years. Her deposit was from welfare so it was actually ALL of our tax dollars. Since the home was put up for sale she has caused problems with showings and sale. Plus she started "talking" court and lawsuit after being asked to go and even threaten the realtor with a law suit. The house sold before I could do anything and the bank madeit "as is" per my lawyer. She hasn't bothered to come forth until now. The house sold "as is" per the bank. My question to you was generally do I have to prove I fix something I don't even owned or never intended to rent again? It was nice place once and why could a renter tear it up and I have to pay her? I spent money fixing it to begin with. That is what I don't understand. It has gone as far as she is coming/calling to my family work places and harassing....yes I am concern about the money. I sold the house due to the economy. --75.185.xxx.xx |
Security deposit & court? (by Jeff [CO]) Posted on: Jan 4, 2012 7:37 AM Message:
You should provide documentation. Why wouldn't you?
But if you think you're right, never settle. Take it to the mat. --174.47.xxx.x |
Security deposit & court? (by Virden [OH]) Posted on: Jan 4, 2012 8:19 AM Message:
The short version of the damages is this was required to restore the house to the condition moved into - the end of that whether the house sold or not there was damages that need to be corrected and the photos to prove it along with estimates or actual bills. Don't bother making a long version of this because you will win no points from a magistrate and obviously the tenant is not buying into it. --76.241.xxx.xxx |
Security deposit & court? (by Moshe [CA]) Posted on: Jan 4, 2012 10:00 AM Message:
"My question to you was generally do I have to prove I fix something I don't even owned or never intended to rent again? ... she is coming/calling to my family work places and harassing."
You may have the wrong perspective on this problem. I am assuming that the issue is a deduction from her security deposit to do the repairs. That means that you owe her good faith explanations and documents to show how HER money was disposed of, and in compliance with the law.
I don't know if your state requires that you actually do repairs in order to deduct, but it is always a good idea. How do you defend the amount of the charge, otherwise?
I assume that you didn't actually do the repairs, and that may be in violation of OH security deposit law.
The issue is not, why should she care because you no longer own the property. You were the owner and landlord who deducted from her security deposit, and as such, you are responsible for the disposition. The purpose of requiring a state showing disposition of the deposit is to give the tenant insight into what happened to her money, and to allow her to investigate if she was treated fairly.
You might also check on OH's definition of harassment before accusing her of it.
--98.112.xxx.xxx |
Security deposit & court? (by Moshe [CA]) Posted on: Jan 4, 2012 10:02 AM Message:
The purpose of requiring a statement ... --98.112.xxx.xxx |
Security deposit & court? (by BRAD 20,000 [IN]) Posted on: Jan 4, 2012 10:39 PM Message:
Am I reading this right? You have photos showing the $400 damage was present BEFORE move in? If so, you cannot charge prior damage to her.
Does the Deposit Settlement show her owing money to you? If she's on welfare you;ll never see a penny of it, so knock off a few bucks to take all the air out of her claim.
If this goes to court and the judge finds ANYTHING wrong or simply feels sorry for her, you'll have to pay HER atty fees.
My judge does nto require the repair be made - only an estimate showing what the repair woudl cost.
--50.129.xxx.xxx |
Security deposit & court? (by RJ [OH]) Posted on: Jan 5, 2012 4:57 AM Message:
No-she did all the damamge. The lease clearly states she is responsible for damages and will not get funds for any alternations etc. I have pics showing the room good condition before she moved in. Actually-she violated her lease quite a bit. --75.185.xxx.xx |
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