Can I deposit the returned portion of my security deposit if I plan to take my ex-landlord to small claims court for the portion he wrongfully withheld?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I deposit the returned portion of my security deposit if I plan to take my ex-landlord to small claims court for the portion he wrongfully withheld?
My ex-landlord returned to me a check for a portion of my security deposit. He withheld a large portion of the deposit and failed to give me a written itemization of the deductions within 30 days in accordance with Ohio Revised Code 5321.16. Can I deposit the portion he returned to me and still sue for the wrongfully withheld portion or will my deposit be construed as an acceptance of his deductions?
Asked on November 14, 2016 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, depositing the part he gave back to you will not be considered your acceptance of his deductions or prevent you from suing for the balance. When someone owes you money and pays part of it, you are allowed to take that partial payment and still proceed for the rest unless *you* stated you were accepting this in full payment or satisfaction.
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.