security deposit

[atenant2]

Do I still ask for double damages on a wrongfully withheld security deposit claim if part of my security is returned while waiting for court? I am disputing the remainder that I think is still being wrongfully withheld. I feel, since the part that was eventually returned was withheld beyond 30 days after giving written notice of new apartment, it was still wrongfully withheld...although it was eventually given to me. Is that correct?

Thank you

[eewillison]

In Ohio, it depends upon the timing. If you have already filed suit, and the landlord tries to return part of the deposit, and if you cashed it, the landlord could argue that you should not get double damages on the part of the deposit you accepted from him after the lawsuit started.

The best practice is to return the amount to him, stating that you are asking for double damages on the whole thing, and that you are considering his payment an offer to settle, which you are rejecting.