Please do not quoteNot legal advice. Only morons take legal advice online. There is no substitute for a licensed attorney in your area. Every case is different and due to those differences cannot yield the same results every time.Why do I feel like I've lived this day before but with more opioids, bailiffs, vomit and bad dates.
http://www.bay12forums.com/smf/index.php?topic=43236.msg4338132#msg4338132"I'm having a bad day, and I don't like listening to this guy violate
landlord tenant law while extorting my appointed client...."
Because I have... several years ago. It was nowhere near as fun as it sounds.
Go to your local bar association. Politely ask the receptionist for a referral to a lawyer that can do a landlord tenant real estate case for violation of ORC 5321.16.
https://codes.ohio.gov/ohio-revised-code/section-5321.16Your job is to be a good client(s) for that referred lawyer and make their job easier so they can help you. It will depend on several things including but not limited to a.) tenant must give landlord written notice of forwarding address (where they moved to) promptly, b.) landlord must give written itemized list of any and all damages beyond normal wear and tear to deduct anything from security deposit within 30 days of move out, c.) documentation copy of lease and payment, etc. d.) what those pictures actually show (details of conditions of walls, floors, etc., said lawyer will need to see and acquire them for evidence), and lots more.
But why would I call the bar association. So and so told me I could DIY.... So and so is stupid and lazy and yes I've called other lawyers this and will do so again. If they worked at it, then they could get paid. Get a lawyer because,
"(C) If the landlord fails to comply with division (B) of this section,
the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and
reasonable attorneys fees. "
Also, only the lawyer can charge the landlord for representing you against the landlord, which is more reason for landlord to shut up and settle/give the stupid deposit back before it gets worse. Speaking of worse for the landlord, if the landlord committed misconduct, it is possible to get double or if especially egregious triple damages, meaning 3 x the security deposit amount. The law means this as a bargaining chip to get the landlord to cough up the security deposit if not rightfully held, and a punishment if they don't. You can screw this up and a lawyer will help ensure that you don't, because it could get worse/backfire without someone knowing what they're doing.
There are several assumptions here including that the tenant is
not behind on back rent and did not damage the property, etc. I've seen this a hundred times. It is also possible the lawyer may have to do real work actually extracting the money from the landlord, because a judgement is not a payment. That's a whole different can of worms.
It is despicable that there are bad property managers making good property managers look bad and unjustly enriching bad property managers at the expense of the common working person. The deposit is assumed to be the property of the tenant and not the landlord unless and until damage, expenses, back rent etc., provide reason for it to become the landlord's. I've represented good landlords and it is a shame the bad ones get money from being bad ones.
Let's review: I'm not representing you or anyone. Go to the bar association and ask for a lawyer who can do landlord tenant real estate cases where the landlord can be forced to pay reasonable attorneys fees by statutory law. Make it as easy as possible for the lawyer they refer you to to assist you with documentation and access to those photos so they can review and analyze them. Tell the attorney as much detail as you can, preferably in writing you give them so they can read it faster than you can say it and ask any questions. (Lease? Copy of lease? Written notice of new address given? Itemized list received from landlord? Received when? Evidenced how {Writing? Email? how?} etc. From there the attorney you are referred to can determine if you have a case or not, how strong your evidence is, etc. An attorney who represents himself as a fool for a client, so what does a layman have? Don't screw this up yourself, especially when the attorney fees can be paid by the landlord.
Alas, the sorry state of funding for justice with budget cuts means the rich often have lawyers (because they know it helps) and the poor do not, no matter how much they deserve them. Same goes for healthcare, etc. Here is one area that can counteract that. It was bad before but it used to be better on that front for the average working person. I am not in a position to do things like this now, and I can't. However, back when I did, I never charged a client a dime for it. I took the money from the bad landlord / slumlord. (not easy).
Please do not quote