Can you get your deposit back after an eviction?

Asked over 3 years ago - Cleveland, OH

I was evicted but paid all rent in full up to the time of the court ordered eviction. I left the home in excellent condition and was no property damage during my tenant. The eviction was ordered 1 month prior to the end of my lease. It has been almost 45 days since my eviction date. Do I have any rights to the security deposit?

Attorney answers (3)

  1. Jerry Kaltenbach

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Typically there is a reason for being evicted and the most common reason is unpaid rent. However, it seems in your case that the eviction action was filed (maybe you were behind on rent) and then you paid the rent current before the hearing or before the eviction was ordered. If you truly owe no money and left the place without damage, then you would be entitled to a refund of your security deposit if (1) you gave the landlord your new address in writing within 30 days of leaving the premises and (2) your landlord did not send you an itemized statement of unpaid rent or damage where your deposit was then applied. Proper legal advice cannot be given or relied upon unless an attorney has had a chance to review your lease and talk with you. Language in the lease agreement can modify what I've said above. If the landlord won't return the deposit and it's substantial, you may want to consult a local attorney and have him/her review the lease.

  2. David Scott Bartos

    Pro

    Contributor Level 10

    Answered . I agree with Mr. Kaltenbac. As an attorney in Cleveland I have run into this quite often. The landlord must be provided with a written forwarding address. The landlord then has 45 days to provide you with the money or an itemized list of damages. Make sure that part of the landlords eviction was for damages. The courts will schedule a second hearing to award damages. Did you miss this hearing or did he not ask for damages. Contact my office for more detailed answer.

  3. Daniel Robert Hamad

    Contributor Level 15

    Answered . Sure, if you actually owe no money. Dare I ask why you were evicted then?

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an... more

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