If we’ve met, you know it takes quite a bit to anger me. I am very understanding and pretty tolerant. Mistakes happen; rectify it and we’re good. However, every once in a while, someone or something crosses the line and rouses the dragon.
This is one of those times.
Relevant backstory: Landlord* bought our old house last year. I had hopes she would be a better landlord than Pete, but I soon discovered my hopes were ill-founded. Suddenly in late May, she decided to evict my neighbor and me so she and her husband could move in. We had until June 30. Profoundly annoying, but legal. (This saga deserves a entire series of its own posts. However, in the interest of brevity, this is the story in a nutshell.) Over the course of that month she declined to grant me a moving extension, then angrily called me while I was waiting for a flight at the airport berating me for leaving my car in the driveway while I was gone, because she needed access to the driveway but didn’t tell me because apparently I was supposed to read her mind. (This will be its very own post one day, oh yes it will.) When I returned from my trip she took a tour of the place to see what condition it was in and what repairs she’d have to make since she never walked through before she bought it, offered me an undefined extension four days before the movers came, informed me she eventually wanted to rent out my apartment to someone else, and bought my spare furniture from me so she could rent out the apartment furnished. But she didn’t think of this beforehand – she kept half my furniture but not me. And every time I spoke with her she was entirely condescending.
I moved out of my old place June 27. Handed Landlord my keys, gave her my forwarding address, didn’t swear at her, and drove off. I haven’t heard anything from her since.
I texted her this afternoon (the most reliable way of getting a response) asking if she sent out the security deposit yet. Three hours later, she replied: “I had to hire professional cleaners for 15 hours at $20 per hour. There were also some damages”
Furious. I am furious. It was clean, there was no damage, and WHO THE FUCK THINKS IT’S OKAY OR LEGAL TO EAT A TENANT’S SECURITY DEPOSIT WITHOUT TELLING THEM?
Fuming, I texted her back asking what exactly were the damages. Then I called her and (surprise!) left a voicemail. Then I looked up Ohio state code. AND GUESS WHAT! According to code, she had 30 days to give me written notification and an itemized list if she was keeping any part of it. So I sent her an email both linking and quoting the code:
“(B) … Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent…
(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.”
and followed it up with:
“Since tomorrow is the 30th day since I turned in my key, and I have not received written notification of any kind since I moved out, including itemization with proof of damages in any form, as of tomorrow you are in violation of state law. If this is not rectified and I have not received my security deposit back by this Friday (July 29, 2016) I will contact the appropriate authorities.”
I then texted her, telling her to check that email account. I got no response. I don’t expect one.
Though she legally owes me my deposit by tomorrow, I will give her until Friday so to avoid legal issues, since clearly the law is on my side. Even if she were asked, she cannot prove any of the “damages” were caused by me (which they were not), and I am sure the old Property Management Company still has records on file from when I moved in four years ago. And even if I had all that against me, she has already abdicated her legal claim to my security deposit since she has provided me with absolutely no written communication whatsoever since I moved out 30 days ago.
I have been warned it will be an uphill battle to get my money back. To which I say: this is a battle I will not lose. This is illegal. She has been nothing but miserable, condescending, and uncommunicative to me. I have put up with her shit for that long, but this is a step too far. This is illegal.
You woke the dragon; I will raze your village.
Stay tuned for further developments. I am not optimistic but I am prepared for war.
*I am assigning her the moniker of “Landlord” for the time being in the interests of not being a jerk (even though I’d be completely justified). If this does not reach a peaceful resolution, I will give you her full name.