If after receiving my security deposit statement and disputing a sum that they agreed to take off, can they then add more charges to the next statement?

My security deposit was $515. They charged me for $250 for the carpet and $470 for bathroom floor damage. I disputed the bathroom floor damage and they told me they would take it off and send me another statement but now they are saying there may be new charges to it. Can they legally do this after sending out the initial statement?

Asked on November 29, 2011 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately for you, your presumed former landlord can agree to cancel prior debits from your security deposit yet state that there could be "other" charges that may be applied to your security deposit. Whether this is proper remains to be seen.

You need to be aware that in most states, a former landlord is required to return a former tenant's security deposit within 21 to 45 days of move out depending upon the state's laws where the rental is. If the full amount of the security deposit is not returned in this 21 to 45 day period, the landlord must state in writing what the used security deposit was for and give copies of receipts and invoices showing what repairs were made.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.