security deposit

[Aiymie]

My housemates and I are in the process of moving out and which our landlord is in notice of and has been showing the house. There is a window broken in the stairway which we had planned on getting fixed. She threatened to keep our whole deposit which is $950 if it is not replaced. My question is if she is able to keep the whole $950 for the broken window which when we called and got an estimated price on replacing was $110 or is she able to only keep the amount of money required to have the window replaced? Thanks

[eewillison]

In Ohio, the landlord can only charge for her actual damages. If the window costs $950 to fix, then she can keep the entire deposit, but that sounds unlikely. If you have a quote to do the fix at $110, then you should go ahead and do it.

You should also video tape the apartment after you have cleaned it and removed your stuff. You don't want it to be your word against the landlord's. Ohio Revised Code Section 5321,16 allows a tenant who gave notice to the landlord of the security deposit forwarding address and whose deposit is wrongfully withheld for more than 30 days to get double damages and attorneys fees.

You might want to take a look at our book on this subject at http://www.ohiolandlordtenant.com/secdep2.html