Tenant wants to sue at small claim court for deduction of security deposit. How to prepare

Asked almost 2 years ago - Chicago, IL

We deducted 1070 out of 1350 deposit. One item was for professional carpet cleaning, -- the lease says surrender premise in thoroughly clean condition. Can we do that in Ohio? There are still 3 urine, 1 tape, many tiny-small cosmetics, some food, beverage stains remaining on the carpet. It was in very good/good condition at the moving, although we, the owner do not know when it was last replaced. Know it had at least 8 years of use, remained in good shape due to care. Do we need to provide something to justify our 300 dollar deduction, which we feel might be an appropriate number? I got before and after pictures, but how to put a number on such a damage? If we are found to lose the case, say need to refund 100 dollars more to tenant, do we need to pay his attorney fee and court cost?

Attorney answers (3)

  1. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . You’ll want to show evidence of damage. Invoices showing repair costs. Your lease agreement, in particular the provisions related to Security Deposits, cleaning, normal wear and tear etc., and any other documents associated with the tenancy.

    You need to ensure your lease provisions and your claims fall within Ohio's landlord tenant laws (see http://codes.ohio.gov/orc/5321) and that you properly handled the security deposit during the time the tenant’s money was held. You MAY have to pay tenants costs and damages if you violated the law. Smart money says you chat with a Columbus area landlord tenant attorney and determine if it’s in your interests to defend yourself against the tenant, or settle with him/her.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Andrew A Esposito

    Contributor Level 13

    2

    Lawyers agree

    Answered . Attorney Rafter is correct. Further, if the court finds that you have wrongfully withheld any portion of the security deposit the tenant will be entitled to double damages, plus reasonable attorney fees. So in your case, if the court finds that the entire carpet cleaning deduction was wrongfully withheld you will be liable for $600 ($300 x 2) plus any reasonable attorney fees and court costs.

    You can't simply deduct what you "feel is reasonable." You have to provide evidence to support the amount deducted. In addition, all deductions have to be itemized and provided to the tenant within 30 days of receiving notice of their forwarding address or termination of the lease (whichever is later).

    You should consult with a local landlord/tenant lawyer. Not only will it help in this case, but you can go over the process for all future tenants so no mistakes are made in the future.

    Good Luck,

    Andrew A. Esposito
    www.westervillelaw.com

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You... more
  3. Michael J. Caticchio

    Contributor Level 14

    2

    Lawyers agree

    Answered . i agree with my colleagues but will take it one step further

    most courts will NOT allow for carpet cleaning no matter
    falls under category of normal wear and tear
    whether just dirty or urine does not matter
    Landlords always clean carpet and paint before new tenants
    therefore not a deduction

    forget about very good condition
    forget about remaining life of carpet
    you are now renting
    fair condition is the best the court will allow
    dirt is not damage
    only real damage counts

    you can contact a local landlord/tenant lawyer
    but i think your money is better spent returning most of the deposit
    contact Tenant and negotiate nicely

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,414 answers this week

2,788 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,414 answers this week

2,788 attorneys answering