Court awards double damages although Tenant did not provide written notice
of forwarding address.
Tenant moved out of Landlord's Apartment building and into another Apartment building owned by
Landlord's sister. Tenant failed to provide written notice of his forwarding address for the return
of the security deposit, but the trial court found that the Landlord had actual knowledge of the
forwarding address. Landlord did not return Tenant's security deposit within the 30 day time period.
The Eighth District Court of Appeals in Cuyahoga County stated that written notice is not
necessary to recover double damages and attorneys fees when it is clear that the Landlord had
actual knowledge of the Tenant's forwarding address. The appeals court upheld the trial court's
award of double damages. The trouble of course for most tenants is how to prove such actual
knowledge on the part of the landlord.
Prescott v. Makowski (1983), 9 Ohio App.3d 155
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What are your rights when landlord withholds security deposit
Landlord's duty to itemize charges against security deposit
Tenant's duty to provide forwarding address
Is security deposit necessary before seeing apartment
Do I sue rental manager or owner to get my security deposit back
Who owes me my security deposit, new owner or previous owner
Who has burden of proof at trial to prove proper withholding of security deposit
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