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From: sah@cbosgd.UUCP (Steve Hill)
Newsgroups: net.legal
Subject: Re: Rental Damage Deposit Return
Message-ID: <1375@cbosgd.UUCP>
Date: Wed, 7-Aug-85 10:29:57 EDT
Article-I.D.: cbosgd.1375
Posted: Wed Aug  7 10:29:57 1985
Date-Received: Thu, 8-Aug-85 01:42:43 EDT
References: <785@inuxd.UUCP>
Distribution: net
Organization: AT&T Bell Laboratories, Columbus, Oh
Lines: 62
Summary: Legal Comment

>From: jla@inuxd.UUCP (Joyce Andrews)
>Newsgroups: net.legal
>Subject: Rental Damage Deposit Return
> 		*  *  *
>In January of this year I signed an eighteen-month lease on a
>furnished house (good until June 30, 1986).  I paid a deposit of
>$500 on the house, and $300 on the furniture.  Both were
>refundable when I turned over an undamaged house.  I also had an
>option to purchase.
> 		*  *  *
>They refuse to give me the $250 difference between rent owed and
>deposit owed.  They claim damage--an old iron anchor that was
>resting against a tree as a lawn decoration rusted through (I
> 		*  *  *
>IS THERE ANYWAY TO GET BACK A DAMAGE DEPOSIT?  Does a landlord
>have the complete hold over whether he/she owes you that deposit
>or not?  Should I go to small claims court?
> 		*  *  *
>What's a mother to do?
Ms. Andrews - 
	I am an attorney (and software developer) in Ohio. I am not
licensed in Indiana. Please accept my comments here as something to explore
and think about. This is not advice.
	In Ohio, I would consider taking the matter to small claims court. 
The amount in dispute is well within the jurisdiction here for small claims. 
All the receipts from the cleaning, and all the documents ( lease, 
termination agreement, and anything else) would go with me. The former 
landlords would have to prove their damages because the lease agreement 
shows I am entitled to have my deposit back.
	Also, because I had a leasehold interest in the house, the landlord 
had no right to enter the property, except for inspection reasonably ; 
and with proper notice .  (I assume from your facts that the guy just used 
a pass key to bring people by.) So, the landlord was trespassing, at least. 
I would consider filing a claim for damages because of trespassing,
harassment, intentional infliction of emotional distress, and any other
theory available in my state. These would be considered by me as sort 
of "negotiation fodder" to encourage settlement; all I would want would be 
the $250.00, and maybe court costs. If the claims were added to the $250, 
I would be sure not to exceed the jurisdictional amount to keep the case 
in small claims court.

(Criminal charges might also be possible for breaking and entering, 
harassment, and other possibilities.)

	In Ohio, one does not need a lawyer to start an action in small claims 
court. The people handling these matters are usually very helpful. They will
tell you about everything you need know, and make a staff attorney available
for consultation and assistance in preparing papers.
	If really serious about the damages for trespassing and harassment,
though, I would talk to an attorney. If I did not already know a good one
(me !), I would call one of the local or state bar association lawyer
referral services. These attorneys are members of the associations, and must
(usually) carry malpractice insurance. Generally the first half-hour
of consultation is inexpensive ( 15 to 30 dollars, or so). Some don't charge
at all for the first session.

	Only an occasional reader of this service, I don't often give comments
over the news system.

Good Luck.

Steven A. Hill