Security deposit dos and don’ts

Maddie Gehring
Thu, 06 Feb 2020 02:45:37 +0000
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Students renting off campus can seek help from Student Legal Services at Ohio State for disputes with a landlord. Credit: Cori Wade | Assistant Photo Editor

Typically, renters don’t put down a security deposit and expect not to get it back at the end of their lease. But Molly Philipps, chief counsel of the civil team at Student Legal Services at Ohio State, said SLS deals with many security deposit cases brought to them by students and offered advice about what students can do if a deposit isn’t fairly returned.?

Philipps said students need to know their responsibilities and rights that are included under Ohio law.

“[Ohio law] imposes some obligations on tenants, but also obligations on landlords with respect to the risk of reconciliation of security deposit,” Philipps said.

Under Ohio law, landlords must return security deposits within 30 days of the lease ending. Landlords must also document reasons as to why they deducted money from the deposit, and tenants need to give their landlords a forwarding address for the refunded deposit. If the tenant forgets to do so, the landlord can keep it.

John LaVange, an Ohio State alumnus, learned this from Philipps in 2016 when he had trouble obtaining his security deposit from his landlord.?

LaVange said he was given less than a third of his deposit back after moving out of his apartment. His landlord claimed LaVange and his roommates ruined the apartment floor, and LaVange said the landlord used tampered photographs.

LaVange, represented by Philipps, sued his landlord, who eventually settled on double-payment of the security deposit including additional fees.?

After further research on Reddit, LaVange found another student who said they were scammed by the same landlord at the same address.?

“This guy had to have done it to all of these kids because they’re young and unsuspecting,” LaVange said.

Philipps saw a similar situation just this past year with Julia Brady, a fifth-year in astronomy and astrophysics.?

Brady said her landlord took more than half of her security deposit for damages Brady reported upon move-in.?

Brady said she was able to see her old apartment after moving out and found that the whole apartment had been remodeled.?

“It was like he wanted to pay for the remodel by taking our security deposit,” Brady said.

Her landlord eventually settled and gave Brady her deposit back in full.?

From a landlord perspective, Block O Properties, for example, said in a statement that it requires tenants to do a move-in inspection that documents the condition the unit is in. After that tenant moves out, the initial inspection is compared with the current condition of the unit.?

The realty company said, for example, if there is a scratch on a door that is normal wear-and-tear, the security deposit should be given back. If a door is completely destroyed, that would make the company keep the deposit.

Some situations can be handled outside of the courtroom, which is how alumna Natalie Daniels handled a six-month conflict with her realty company.?

Not only did they try to charge Daniels for fees such as cleaning and “paint-and-patch” charges.

Daniels eventually claimed her deposit in full after her 6-month-long dispute.

Philipps advises students to take photos and videos when moving in and out of their off-campus housing.?

“I think students need to be educated on their rights and responsibilities,” Philipps said.

SLS offers to go over any concerns with students about off-campus housing.?