return security deposit w/ an eviction?

[scottydel]

Hello,

I had to evict one tenant from a rental house b/c he broke the lease by allowing his g/f to live with him full-time. She had a key, didn't live anywhere else, had personal items over the house, and stayed over every night for months. He has already been evicted and moved out. After some battling over email, the 3-day notice, and a threat to go to court (I was prepared to file if he didn't leave), he left quietly. He paid his last month's rent (he moved out with one month remaining on the lease), so his rent is current. My question is, am I entitled to return his security deposit (minus damages)? Or, does he forfiet this because he broke the lease and was evicted?

I'm certain there is a clause in the lease which states if tenant breaches the lease, they forfiet the security deposit. But I want to make sure I am within my rights and will not be trumped by an Ohio law, so I'm wondering if there is any legal precedence in Ohio for similar situations.

Thanks,

Cleveland Landlord

[ohiolandlord]

I'm sure he owes you for other damages - maybe rent under the remainder of the rental agreement that the security deposit would be applied to? Have you inspected the apartment - how was it left? Were there any damages beyond normal wear and tear?

[scottydel]

He paid all twelve moths of rent. He was evicted the 11th month, and paid the last (12th) month before he left. There was damage to the front yard (tire tracks using lawn as parking space) and a pair of blinds was broken, and I have already deducted an amount from the security deposit for this. I am also missing some items (lexmark printer, extension cord, tools), but I don't think that these apply since they were not part of the lease. I rented my house partly furnished....um big mistake for future reference.

I rechecked my lease, and it looks like even though he was evicted, this still constitues a termination of the rental agreement. And after a termination of the rental agreement, his security deposit (minus damages) needs to be returned to him.

So it looks like despite the eviction, he is still entitled to get his security deposit back, minus damagaes? Anyone else been in a similar situation? Any state laws applying to this?

Thanks,

Cleveland Landlord

[ohiolandlord]

If that's the case then he would be entitled to his security deposit back minus damages. We sell a security deposit itemization form as part of our landlord's complete kit

www.ohiolandlordtenant.com