Legal Question in Landlord & Tenant Law in Ohio

The plaintiffs attorney that filed the fraudulent documents has a personal vendetta against me,this attorney lived next to me when I resided in the rental house and we had a dispute because they came in my yard to fish without my permission.It is a 15 thousand dollar lawsuit.The carpet invoice they filed is for 6 thousand dollars indicating they replaced the carpet,I visited the home 7 months after I moved out,the new tenants were nice enough to let me in to view carpet and video tape the visit(I also have move out video)on video they are stating they removed the furniture and garbage I left in house,which brings up the next issue,the cleaning invoice for 7 thousand dollars also fraudulent,the next tenants did everything they are claiming on invoice,the rest of money damages are for late rent fees and I have receipt s for those.the whole case is harassment,scam and fraud! What is the best thing I can do first?also the didn't return my 1350.00 dollar sec.dep.Thanks so much for your help,Tracy


Asked on 6/15/14, 9:15 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

Ohio Revised Code 5321.16 states that if you can show that you gave written notice of your forwarding address for the return of your security deposit and that the landlord wrongfully withhheld the deposit for more than 30 days, then you can file suit against the landlord (in this case it would be a counterclaim) for double damages and attorneys fees.

Eventually the court will hold a hearing and after the evidence is presented, a decision will be made as to how much if any of the charges made against the deposit are legal. If the carpet was old when you moved in, then they need to pro rate for the expeccted life of the carpet.

If you have pictures or video of the condition of the place at move in and move out, you may be in a very good position.

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Answered on 6/15/14, 9:29 am


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