Tenant sought double damages for allegedly unlawfully withheld security deposit. Upon move out, tenant requested that the landlord refund his security deposit via Venmo. Tenant did not provide written notice of his forwarding address. Tenant later sued landlord seeking return of security deposit, double damages, interest, and court costs. Court denied request for double damages stating that tenant failed to followed Ohio’s landlord tenant statute when he did not provide written notice of his forwarding address.
MAGISTRATE’S DECISION
This case came on before Magistrate Sparks for court trial on January 25, 2021. Plaintiff, Greg Incollingo represented himself. Attorney, Andrew Ruzicho represented the defendants Jeremy Aikey, who did not appear from trial. The hearing was electronically recorded and all witnesses were sworn. Based on the sworn testimony taken and the exhibits admitted, the Magistrate finds as follows:
FINDINGS OF FACT
1. Plaintiff, Jeremy Aikey leased 30 Victorian Gateway, Columbus, Ohio 43215 from December 31, 2020 to June 30,2021 from the defendant, Jeremy Aikey. Both parties signed the lease (Plaintiffs Exhibit A). The monthly rental amount was $1,075.00.
2. Mr. Incollingo paid a security deposit of $ 1,075.00 (Defendant’s Exhibit A).
3. On April 28, 2021, Mr. Incollingo notified Mr. Aikey via e-mail of his intention not to renew the lease and that he would be vacating at the end of the lease term June 30, 2021. (Defendant’s Exhibit B). The lease required written notice to the landlord before May 1, 2021. (Plaintiffs Exhibit A).
4. Mr. Incollingo moved out on June 30, 2021. He did not provide a forwarding address to Mr. Aikey in writing. (Plaintiffs Exhibit B).
5. Mr. Aikey had scheduled a cleaning crew to come to clean at 8:00 a.m. on June 30, 2021 which is the last day of the lease. This was scheduled prior to inspectintg the property. (Plaintiffs Exhibit B).
6. On September 27, 2021 Mr. Aikey sent $850.00 to Mr. Incollingo via Venmo.
7. On November 30,2021, Mr. Incollingo returned the $850.00 to Mr. Aikey because counsel had argued by keeping was accord and satisfaction.
8. The premises wsre left in good condition.
CONCLUSION OF LAW
Plaintiff seeks return of his wrongfully withheld security deposit. Defendant denies wrongfully withholding his security deposit and refunded $850.00, which has since been returned. The additional funds were used to clean the unit.
It is the landlord’s burden to prove that the tenant was responsible for the alleged damages. Whitestone Co. v. Stittsxvorth, 10 Dist. No. 06AP-371, 2007-Ohio-233 citing Oakwood Management Co. v. Young 10 District No. 92AP-207 (Oct. 27,1992). “Further, a landlord is not entitled to damages for repairs to a rental property where the damage resulted from reasonable wear and tear.” Whitestone citing Bibler v. Nash, 3rdDist.App.No.5-05-09, 2005-Ohio-5036,at P 18citing Oakwood Management Co. v. Young, 10 District No. 92AP-207 (Oct. 27, 1992). The “amount wrongfully withheld” under R.C. §5321.16(C) is “the amount found owing from the landlord to the tenant over and above any deduction that the landlord may lawfully make.” Smith v. Padgett, 32 Ohio St.3d 344, 348, 513 N.E.2d 737 (1987).
Mr. Incollingo credibly testified that he removed all his belongings from the residence on June 30, 2021. Mr. Aikey had scheduled the cleaning crew to come on June 30, 2021 prior to Mr. Incollingo moving out and prior to inspecting the property. The cleaning crew was not utilized because Mr. Incollingo left a mess, but because this was the ordinary practice of Mr. Aikey. The fact that he scheduled the cleaning crew during the pendency of the tenancy demonstrates he was upset with Mr. Incollingo.
Mr. Incollingo seeks double damages pursuant to R.C. 5321.16. R.c. 5321.16(B) states: Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the Landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division(C) of this section.
Mr. Incollingo credibly testified that he did not provide a forwarding address to Mr. Aikey. Mr. Aikey was to return his security deposit via Venmo. Unfortunately, this does not comply with the statute and Mr. Incollingo is not entitled to double damages provided in R.C. 5321.16(C).
It is a fundamental principle of law that the party alleging facts has the burden of proving those allegations. Ohio Fuel Supply Co. v. Shilling, 101 Ohio St. 106, 127 N.E. 873 (1920),Schaffer v. Donegan, 66 Ohio App.3d 528, 585 N.E. 2d 854 (1990). That proof must be by a preponderance of the evidence. In re Walker 161 Ohio St. 564, 120 N.E.2d 432 (1954). After reviewing the exhibits and evaluating the credibility of the witnesses, this Magistrate finds that
Plaintiff has proved his case by a preponderance of the evidence for his security deposit being wrongfully withheld.
DECISION
Judgment for the Plaintiff on Plaintiffs Complaint. Judgment in the amount of $1075.00 plus court costs and interest at the rate of 3% per annum.
Pursuant to Civ. R. 53(D), the Clerk is directed to serve a copy of this Decision upon the Parties.