Homeowner · Fairmont, WV · Member since 2014 · 95 posts · 19 votes
Hello,
I have a tenant and rental unit in Ohio. My tenant moved out Nov 30 and said when I'm ready to return his security deposit he will give me a forwarding address at that time since he doesn't know where he will be by then. I had told him I have 30 days per Ohio law to return his deposit. Well, on Monday of this week (12/14) I was called by the police chief of the next town up the river who left me a voicemail stating that my tenant was now in jail (I don't have all the details yet). The question is how long do I have to wait before claiming the deposit as income or do I have to keep it in my security deposit bank account forever until he contacts me given the circumstances?
The relevant Ohio law is here http://codes.ohio.gov/orc/5321.16 It only mentions I have 30 days and that's assuming the tenant provides the needed information to me. I'm assuming that I can wait 30 days and then count it as income. I'd like to hear others' thoughts on the matter though.
Tenant is required to give you a forwarding address - but don't assume a time limit here. If he's in jail and you know which one, then send him his security deposit to the prison via certified mail. If he's owed less money for damages, etc, then you take that out of the deposit, but include a letter with the check so there is an accounting of the finances. Ultimately, it's a security that you held on his behalf to cover finalizing the terms of the lease. Just because he's in jail currently doesn't mean you get out of returning his money.
Glad for the post, Brandon. J Beard, awesome adaption that I'll be incorporating as a revision. I have a tenant that has a rocky background; good guy but always fearful FOR him, not OF him. "Wrong place, wrong time" kinda guy.
@Brandon M. and everyone - Something I've learned from childhood friends, ones that had a hard time growing up ... If you don't have an inmate number, you'll have a real hard time sending him anything. You'll have to call the jail and talk to an operator that may be able to pull up the logs for the 14th, call the correction facility (county or state) they sent him to and talk to another operator that would have his inmate number .. Call both CF instead of the locals. When in doubt, everyone keeps saying to send it and have it return or move on. Just depends on how much you want to put into it, I guess. I can usually find a friend in about 20 minutes.