Return of my security deposit

[vpresti]

On Jan. 3,2006 my daughter verbally told her apartment manager of her intentions of leaving at the end of her lease on Jan. 31,2006. When she asked for the return of her security deposit he and the owner informed her that they would not give it back to her since she did not notify them in writing of her intentions of not renewing her lease. After reviewing her lease it does state that she must notify them in writing of her intentions. She provided them with a forwarding address so they would return her key deposit, of which she did receive it back. I'm wondering if we would be able to take this to small claims court for the fact that the landlord did not notify them in writing within the 30 day law of why they were keeping there security deposit. The apartment was left in perfect condition however we did not take any photo's.

[ohiolandlord]

We deal with this exact question in our latest podcast. Go to the main home page and have a listen - http://www.ohiolandlordtenant.com

[eewillison]

In Ohio, the case on this is McGowan v. D.M. Group IX, in which the Tenth District Court of Appeals held that where the landlord had actual knowledge that the tenant was not going to renew the lease agreement, a provision requiring written notice is hypertechnical, and will not be enforced by Ohio courts.

To learn more about your rights as a tenant in Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html

[Linda P]

As a Landlord (not your daughter's of course), I would think that keeping the deposit due to the fact she did not give 30 days notice (she gave 28 days notice) would be acceptable. When we have only 30 days to try to re-rent, everyday counts.
Other questions that I would think would affect the return of the deposit;
- Did you get an itemized list of "damages" specifying what the deposit was being held for?
- When was the apartment was rented after your daughter? If it was rented sometime during February, the Landlord should mitigate damages and return to your daughter the amount of rent he collected for February from the new tenant.

[ohiolandlord]

Linda,

I believe the McGowan case dealt with the sufficiency of oral/verbal notice in lieu of written notice. So the tenant still gave verbal notice of intention to vacate.