If Iwas court evicted and didn’t get refunded the ordered amount of my security back, how can I get it?
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If Iwas court evicted and didn’t get refunded the ordered amount of my security back, how can I get it?
The total amount of security deposit was $686.50; $325 security deposit, $350 pet deposit, and $11.50 interest. I only received $281.34 deposit back but when I got the court paper it says that I am entitled to a net refund of $481.34. How can I get the rest of my security deposit back?
Asked on September 16, 2011 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your recourse is to sue you landlord for the balance you are owed. You can file the action in small claims court, where you can represent yourself (you would be "pro se" plaintiff) and where the filing or court costs are low (usually $25 - $50). Another advantage of small claims court is that the cases generally move faster than in other courts. If you have something from a court already indicasting that you are owed $481.34, the landlord would have to show why--legally--he withheld another $200; if he can't establish legal cause, he'll owe you the money. Note that if you haven't already, try simply contacting the landlord and asking about why did you receive the full amount indicated by the court--it's not impossible it was an error or oversight and if you inquire into it, you can get the rest without the necessity for litigation. Good luck.
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