building charging security deposit to move out

[tenant06]

I have just notified my building manager that I plan on moving in two weeks - I live in a condo (individually owned) the manager is telling me that I cannot move without giving a $400 check security deposit before I leave. I have no contract with the building manager or the condo owner. I have not signed a lease in 8 years and have not been asked to. I already paid a security deposit when I moved in. The building has just been renovated and this is called a damage deposit.

Can this building manager legally prevent me from moving even though we have no contract / lease? If the owner refuses to pay this deposit what are my legal options?

Thank you

[ohiolandlord]

If you have not signed a lease with such a provision in it or have not signed any written addendum to a lease with such a provision then I don't believe they can charge you for this based on the small amount of information you have given me concerning your situation.

Sounds like they are trying to find an excuse to keep your security deposit or just get more money out of you. If so, you may want to consider reviewing our security deposit refund kit:

http://www.ohiolandlordtenant.com/secdep2.html

[tenant06]

That's correct I have not signed as lease in 8 years and was told that my lease was a month to month lease - but I have not actually signed a new lease or anything stating that there were any new policies or revisions to my lease. My landlord is telling me that my lease states that I have to follow the rules and regulations of the building where the unit resides - but if such a change is made should I not have been formally notified and given the opportunity to opt out - or legally sign something saying I agreed to it? This building had just made renovations and is trying to re-coup the money they spent with the tenants that do not own their units. I made my deposit when I moved in and clearly was never informed of any new deposit policy - in fact I was the one who had to notify my landlord of this new policy.
My original security deposit was never really an issue- the issue is with the building manager telling me I cannot move.

My real question is what do I do come moving day? If I fail to pay this $400 deposit -can they legally keep me from removing my property from the premises?
What can I do? Do I call the police?
If I don't move and don't pay next's months rent then I run the risk of them evicting me - which makes no sense because I want to leave anyway.

So lost - any advice would be helpful.

Thank you.

[ohiolandlord]

but if such a change is made should I not have been formally notified and given the opportunity to opt out - or legally sign something saying I agreed to it?

Yes, you would have had to sign something making those rules and regulations part of your lease.

My real question is what do I do come moving day? If I fail to pay this $400 deposit -can they legally keep me from removing my property from the premises?

No, they cannot. How are they going to know you are moving or when you are moving?

What can I do? Do I call the police?

Exactly, call the police. Perhaps have a videocamera or tape recorder ready to catch the property manager on tape when he tries to say anything or prevent you from moving. You may also want to follow the procedures in our security deposit kit to prevent the property manager from sending you a bill a month later for $2500 in damages that you didn't cause.

http://www.ohiolandlordtenant.com/secdep2.html