Legal Question in Landlord & Tenant Law in Ohio

I moved out of an apartment at the end of July that my husband had lived in for 5 years. We told them to keep the security deposit of $425 as the carpet was very heavily stained(and had been before we moved in). On september 11th they called and left a message asking for an additional $800 or they would sue for $2500 the full amount of repairs. My husband called back and left a message on the 12th saying that he would pay $400 in october. We did not hear from them again until they called today and left a message asking for $400 this week. They never sent us a list of charges and they did not contact us until over a month after we moved out, but my husband already agreed to pay. The repares were for new carpet and paint. Are these considered normal where replacemnts? What are we required to pay?

Asked on 10/03/13, 7:39 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, you are only responsible for returning the apartment in the condition you received it, reasonable wear and tear excepted. This means if the carpet was badly stained when you received it, then I doubt a quart would let the landlord charge you for that. Further there is case law in Ohio that says that painting of walls and baseboards Is reasonable wear and tear, For which the landlord cannot charge, So long as you did not do terrible things to the walls Like punching holes in them or having children write upon them.

Lastly, quarts in Ohio will look carefully at how old the carpet was When you moved in, and when you moved out . Courts will not let the landlord charge the tenant for new carpet when Very old carpet was being replaced without at least pro rating for the life of the carpet.

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Answered on 10/04/13, 5:15 am

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