and I still don't have it.I moved out may 1st.Sat they told me i can have them overnight it if i pay 2 stop payments and overnight fee about 100.00 i told them no they have not shown me anything that shows me they sent them .They are blaming the mail for it being lost. My post office is forwarding my mail just fine they said their is no problem.I fill they should have sent 2nd check by certified mail then their wouldn't be a problem. Can i win in small claims court and ask for double or will the excuse the check was sent will it work.I could stop payment on a check and never sent one out i feel they are lying about sending it .The owner of the house no longer is with them he tried to get me to give him key when we moved...As of today the 20th still no check unless i let them take fees...
This is in Columbus Ohio.
Answer by Betsy
If they actually stopped payment on a check, they should be able to show you a copy of the stop payment and the charge.
You should see an attorney. You may be entitled to reasonable attorney's fees:
5321.16 Procedures for security deposits.
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
Add your own answer in the comments!
Orignal From: I have been trying to get my security deposit back from real estate co..They told me they mailed it twice now?
Post a Comment