Landlords and Tenants: Part I.

Landlord/Tenant law is a hybrid of three different areas of law: contract (the lease agreement), property (the tenant's right to occupy and the owner's right to the property), and statutes (the state laws that govern the rights, remedies, and obligations of both the tenant and the landlord).  In short, whether you are the tenant or the landlord, there is a lot of law behind that lease agreement you signed.

Because this area of law can be rather dense, I have decided to split the subject across a series of posts.  I will try to be as thorough as possible, but, as always, if you feel that you have a potential legal issue, you need to contact an attorney in your jurisdiction so that you can have your case evaluated.  In other words, don't take my word for it.

Security Deposit.  Most landlords require a security deposit and they typically require it to be paid before the tenant takes possession of the rental unit.  While most renters understand the nature of a security deposit, the return of the security deposit remains a common issue.  In order to make recovering a security deposit easier, there are a few things that a tenant must do:

• Maintain the property.  Do not let issues go unattended!  Call maintenance, report things to the property manager, and document everything.  Take pictures when you move in, and take pictures before you vacate.  A picture can be worth a thousand words, and sometimes it can be worth every penny of your security deposit.  Ohio specifically lays out what a tenant is obligated to do and it can be found here.
• Provide your landlord with a forwarding address.  In order to hold a landlord accountable for not paying back a security deposit, you must have provided the landlord with your new address according to Ohio Revised Code 5321.16 (B).
• Make sure your rent is paid.  A security deposit can be applied to past due rent.  If you end a lease agreement without having paid all of your rent, then you will probably not be seeing that security deposit.

One last word on security deposits: get an itemized list.  If a landlord tells you that your security deposit was put toward some kind of repair, past due rent, or replacement of something inside the rental unit, you are entitled to an itemized list showing exactly what the security deposit was used for.

Roommates.  Most people become roommates with a friend or significant other.  Knowing who you are going to be living with is important, not just for your own sanity, but also because all the tenants will be equally responsible for carrying out the terms of the lease agreement.  In other words, a "bad roommate" could potentially be the reason you find yourself involved in a lawsuit.

There are apartment complexes which assign roommates to live together.  Historically this practice was limited to school dormitories.  However, there has been a growing trend where private apartment complexes, usually near college campuses, have begun implementing this same system.  BE CAUTIOUS. Some people are simply not meant to live together and not all roommates are created equal.

If there is a dispute between yourself and a roommate, whether they are refusing to pay their fair share of the bills or if they are engaging in behavior which could be in violation of your lease agreement, you should contact an attorney in your area to make sure you don't end up in court over it.

When it comes to roommates, choose wisely.

In the next Landlord/Tenant post I will try to cover what a landlord is responsible for and what to do when there is a dispute.


This post is for informational purposes only and should not be regarded as legal advice or as forming an attorney-client relationship.  If you are in the Dayton, Ohio area and feel that you may be in need of legal advice please contact Strain Law Office, LLC for a free consultation.