My landlord is located in Covington, KY but manages a property in downtown Cincinnati, OH. They believe they are subject to KY law when it comes to returning a security deposit (45-60 days). Is this true? It has been over 65 days and I have not received an invoice or check after consistently checking with them. All I keep getting are excuses.
No. I don't think there are many (or any) circumstances where residential rental property in Ohio can be rented to a tenant under terms that conflict with Ohio's Landlord-Tenant statutes. That aside, Kentucky's law regarding security deposits is somewhat similar. Did you provide them with your forwarding address in writing? Have you received any demands from them regarding damage to the property or rent due? Kentucky appears to have a demand period where if the landlord makes a claim to all or part of the security deposit the tenant has a certain amount of time to dispute the charges. Since the amount of the deposit is probably not substantial (well, probably not worth paying a lawyer too much to fight) perhaps the landlord just makes a habit of keeping deposits. So long as the tenant if fully compliant, Ohio's law does provide for attorney's fees in certain situations involving security deposits. So if you are unable to make any progress, and have some spare time, perhaps you should call around and see if you can find an attorney to take up your cause. Good luck!
Mr. Andersen's answers are not intended to create an attorney-client relationship and are based on only the limited information provided in the question. Thus, they should not be considered as legal advice, and persons seeking legal advice should contact Mr. Andersen directly and/or another attorney with a law license in the state in which your situation arose. Mr. Andersen is licensed to practice law in Ohio.
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I agree with Attorney Anderson. The landlord is absolutely subject to Ohio law. You should definitely retain a lawyer to assist you in the matter. Ohio Revised Code 5321.16 provides for double damages and reasonable attorneys fees. With this fee shifting statute you can likely fine an attorney that will handle the matter without requiring a retainer.
If you would like to talk further, please feel free to give contact me.
Andrew A. Esposito
Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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