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Let me know what rights I have has a landlord to refund a deposit.
Cleveland, OH
Viewed 17 times.
Posted 5 months ago in Landlord / Tenant
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I received a signed lease agreement for one year and a deposit. The next day I received a message stating that they have changed there minds and would like a refund.
Answers (1)Shadrach Neiss
This attorney is licensed in Ohio.
Posted 5 months ago.
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Unless your lease has a provision allowing for a cancellation, your tenant has manifested an intent to breach the agreement. Under Ohio law you are obligated to try to re-lease the space to mitigate your damages. If you are unable to find a substitute tenant, then you may withhold the deposit and sue for whatever damages you suffer over the next year until the space is leased.
However, as a practical matter, if you have a nice property that you can rent quickly, and you wish to avoid acrimony with your current tenant, you can also negotiate a settlement whereby you grant a partial refund of the deposit and release them of their future obligations under the lease. Ultimately, you should proceed as you are most comfortable and, if you have additional questions, reach out to a local real estate attorney who can advise you of your rights. Good luck. Next question: I got 90 day notice to vacate property do I need to move if my contract is valid for 6 more months? Previous question: Consolidate my debt or let it go. |