Legal Question in Landlord & Tenant Law in Ohio

My ex landlord sued me in civil court, claiming $8943.32 in damages. The Magistrate determined that we were liable for only $452.00 in damages. She granted the landlord a judgement for 0 dollars and ordered them to pay costs.

She wrote " the defendants paid a security deposit to the plaintiff in the amount of $2340.00 That means the plaintiff owes a sum of money to the tenants. However the defendants did not file any counterclaims so that matter is not a part of this case"

I know I screwed up by not asking for the return of my damage deposit, but this case was about their $8000 dollar damage claim.

Can I sue them for my damage deposit or am i screwed?


Asked on 2/18/11, 10:11 am

1 Answer from Attorneys
Andrew J Ruzicho II Law offices of Andrew J Ruzicho II

You're basically screwed. Although this case was about their $8000 dollar damage claim, you have a duty to bring all related claims as part of the same suit (in the form of a counterclaim). You could try to file another lawsuit for the unpaid security deposit but the landlord would argue you should have brought a counterclaim in the first suit but failed to do so.

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Answered on 2/21/11, 2:57 pm


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