Hi, I lived in Ohio. I moved out from an apartment on 6/30/2013, and I did not received my security deposit back within 1 month. I communica...

Question

Hi, I lived in Ohio. I moved out from an apartment on 6/30/2013, and I did not received my security deposit back within 1 month. I communicated with my landlord, found out they sent the check late (at 8/18/2013), and to the wrong address, twice maybe. I don't want to wait any longer for them to return my deposit. Recently, I required a Mediation through my County Municipal Court Clerk Web Site, the time was set to meet at 12/05 /2013. The problem is, after couple days of my request for Mediation, my landlord shipped my security deposit check to me at 11/18/2013 using FedEx overnight, but amount was reduced from $150 to $90, and there is not info inside the envelope that says why the deposit being deducted.

Okay, I know The Ohio law requires landlord to return their tenant security deposit within 30 days after moved out, and the tenant has the right to claim double deposit through small claim court if the landlord wrongfully hold the deposit.

Here is my question, I received the check, but I do NOT want to accept it, since it has been almost 5 months after I moved out. Through the email my landlord sent me, I know they sent my check on 8/18/2013, and that is already after 30 days after I moved out. So can I reject the check, and still meet them at the Mediation, and require them to give me double deposit which is 90*2=180?

Looking for Gurus to help, please, thank you

Answer

In Ohio, you most certainly can refuse the check. Not only is it late, it is for an amount that is less than what is due. Make a photocopy of both sides of it and return it to the landlord either at the mediation or by certified mail.