- Automatic fees, such as fees for steam cleaning the carpet or re-painting the premises, that are not based on your actual damage to the premises beyond reasonable wear and tear.
- Fees that are already a part of the landlord’s normal business practice. For example, if the landlord re-paints every apartment every year, the landlord cannot charge you for re-painting your apartment, even if you damaged the walls beyond reasonable wear and tear.
- Fees for repairs the landlord never makes. If your landlord never makes the repair that you are charged for, your landlord has not suffered an actual loss and therefore your landlord does not have a claim for damages.
- The full cost of replacement. Usually, your damage to the property diminishes the value of the property to some degree, but it does not totally destroy the property. The landlord is only entitled to recover the diminished value of the property.
- Vague or general charges. Your landlord has to give you some detail as to what the charges were. Charges such as “cleaning” are too vague.
- Excessive fees. Your landlord cannot charge you fees that are not reasonably related to your landlord’s actual expenses.
- Late fees. Under Ohio law, there are limits for how much a landlord can charge for late fees.
- Fees for damages caused by a third party. Your landlord can only hold you responsible for damages caused by yourself or a guest with your knowledge. Your landlord cannot hold you responsible for damages by third parties, such as burglars or vandals.
Security Deposit
Ohio Landlord-Tenant Law allows your landlord to charge you a security deposit.
1 What is a Security Deposit?
A security deposit is given by the tenant to the landlord to “secure” the tenant’s performance under the lease. Pet deposits, key deposits, garage deposits, or last month’s rent paid in advance may all be considered part of the security deposit. Any deposits or charges that are intended to secure your performance under the lease, must be returned to you at the end of the lease agreement unless the landlord has a legal reason to withhold.
1 Can I get my security deposit back?
At the end of the lease agreement, your landlord may deduct any unpaid rent from the deposit, as well as any actual damages that your landlord has suffered due to your breach of the lease agreement or of your duties under the law. Your landlord can only charge you for damage to the premises beyond reasonable wear and tear.
1 How do I get my security deposit back?
There are steps you should take at move in, during your tenancy, when moving out, and after you terminate in order to get your security deposit back. Your landlord has to return the security deposit to you or send you an itemized statement explaining any deductions within 30 days of the end of your lease agreement. If your landlord wrongfully withholds any portion of your security deposit, you are entitled to recover double the amount wrongfully withheld, plus any court costs and attorney’s fees.
Arrange a time with the landlord to inspect the rental unit before you move in. During the inspection, make a checklist with a detailed evaluation of the condition of the apartment. If your landlord does not provide you with a checklist, one is included in this packet. Make sure to note on the checklist any damage caused by prior tenants. You, your roommates, and your landlord should sign and date the checklist. Each party should keep a copy. You should also take photos of any pre-existing damage when you move in, so that you are not later charged for causing it. Sign and date the photos, and keep them in a safe place.
If the landlord will not inspect the apartment with you, complete a checklist on your own. Sign and date the checklist. You can send a copy to your landlord but it is not necessary to do so. However, if you have repairs that need to be made, you must send the landlord a written notice to repair.
Take time to document the condition of the walls, the carpeting, the bathroom, and the kitchen. Tenants are commonly charged for damage to these areas. Make sure to also document problems that may not be visible, such as pet urine stains or fleas.
For each room in your rental until, indicate YES or NO in for each item below.
- All ceilings and woodwork clean. No cracks or holes. No dust or cobwebs.
- All light bulbs and light fixtures work. All light fixtures clean, dusted, not broken.
- All electrical outlets work and all wiring is safe. Fuse box is accessible.
- All plumbing fixtures work. There are no leaks or existing water damage.
- All windows/mirrors are clean. No damaged glass/screens/storm windows.
- All carpeting is clean, without stains, burns or holes.
- Wood and cement floors are clean, dry. No scratches, burns, or damage.
- Doors are clean, no damage. Handles and locks work. Doorbell works.
- Shades/blinds/curtains and rods are in place, clean, working, and in good shape.
- Adequate and secure fire escape routes. Working smoke detectors.
- Walls are clean, no stains, holes, or marks. Wallpaper secure. No peeling paint.
- Furnace works, filters clean. Water heater works, no leaks.
- Tile floors and surfaces are clean, dry. Tile is secure, grout affixed. No damage.
For the rooms below, specify any and all problems:
- Living Room: walls, floor, ceiling, paint/wallpaper, windows, shades, curtain rods, light fixtures, furniture
- Dining Room: walls, floor, ceiling, paint/wallpaper, windows, shades, curtain rods, light fixtures, furniture
- Kitchen: walls, floor, ceiling, paint/wallpaper, windows, shades, curtain rods, lights, cabinets, drawers, countertops, dishwasher, stove, sink, faucet, disposal, refrigerator
- Bathrooms: walls, floor, ceiling, paint/wallpaper, windows, shades, curtain rods, lights, sink, faucet, toilet
- Bedrooms: walls, floor, ceiling, paint/wallpaper, windows, shades, curtain rods, light fixtures, furniture
- Pay your rent in full, on time, each month. Do not stop paying rent and try to apply your security deposit to your last month’s rent (unless it is designated as such in your lease).
- Throughout your tenancy, you should keep an ongoing list of any damage that occurs to the apartment. Specify who or what caused the damage and when the damage occurred. Send the landlord written notice of damage as it occurs, and keep copies for your records.
- Make sure you properly terminate your lease. Even if you leave when your lease is up, you still may need to take some steps to properly end it. If you have a written lease, read it carefully to see when you have to let your landlord know that you do not want to renew. Some leases require 60-days’ notice or more in writing to terminate the lease.
- Send the landlord written notice of the address where you want your security deposit sent. Keep a copy for yourself.
- Clean the rental unit.
- Video the rental unit and take pictures after it has been thoroughly cleaned. Go through room by room and show everything from floor to ceiling. On the video, hold the camera steady and avoid making comments.
- If you can, have a witness accompany you as you walk through the apartment, preferably someone reliable who will show up to testify in court if need be.
- Document the condition of the property at move-out using the same method as move-in. Keep a copy of the documentation for your records.
- Arrange a time with your landlord for a move-out inspection.
- Return the keys to your landlord and get a receipt for their return. Your tenancy does not end until the keys are returned. If you keep the keys into the next month, you may be liable for additional rent and other damages.
1 What if I don't get my security deposit back, or get less than I should?
After the end of your tenancy, the landlord has 30 days to refund your full security deposit, or send you an itemized accounting in writing of any deductions made from the security deposit.
If your landlord has not sent you the security deposit or an itemization after 30 days, or if you disagree with some of the amounts withheld, you may be able to sue for the return of your security deposit.
Student Legal Services can help. Schedule an appointment to discuss next steps.