Can my landlord keep my security deposit if I gavethem notice that I wasn’t paying rent because my trash hadn’t been picked up in a month?

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Can my landlord keep my security deposit if I gavethem notice that I wasn’t paying rent because my trash hadn’t been picked up in a month?

I’d been living there for 2 years and he didn’t fixed anything. I told him the last week of last month that if the trash wasn’t picked up again I would not pay rent and move out. I moved out now he won’t give me my deposit back.

Asked on January 18, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your former landlord is entitled to keep your security deposit because you moved out after giving notice to do so but did not pay rent because the trash had not been picked up in a month depends upon what the presumed written lease you have states concerning the security deposit.

I would carefully read the lease in that its terms and conditions control the obligations owed to you by the former landlord and you to him or her in the absence of conflicting state law.

If the provision in the lease states that the security deposit is solely for damages, then the landlord cannot keep it due to you not paying your last month's rent. The security deposit has to be used for damage repair only if the written lease states so.


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