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Updated 8 months ago on . Most recent reply

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George I.
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Withholding a bad check, months later, from a security deposit

George I.
Posted

Looking for quick legal opinion, at a high level in Ohio.  

Problem tenant, 3 month in a row of paying egregiously late.  Base rent is $1520.  Late fees are 25/day per the contract.

Rent due the 1st, late as of the 4th

She paid via Zell on the 14th (Aug), 12th (Sep), and then 15th (Oct).  Breakdown:

In August, kept making excuses.  Finally posted a 3 day notice on her door.  Shortly afterwards she Zelle pays 1520, and said "paid in full" via her email even though with late fees she SHOULD have paid 1720.  I send her an email saying she needs to pay an additional 200 to avoid further action.  Rather than file another 3 day notice on just the late fees, I drop the topic.  I never absolved her from owing me the 200, but I quit pursuing it.  ***QUESTION, can this 200 late fee be recouped from her security deposit?***


September, after serving another 3 day notice, she pays cash (saying she can't do Zelle anymore because a new bank), and this time pays WITH the late fees.  1695 total on the 12th.  All square for Sep.


October, drags her feet again.  Excuses, dodging - made me feel payment performance was improving only to rug pull and not pay.  3 day notice posted.  On 10/15, she pays me $1520 in "rent" cash, and the additional $200 in late fees in a check.  The check memo stated "late fees".  The check for $200 bounced days later as "duplicate presentation" - not sure how she achieved it, but she did.  I email her stating that she needs to pay me the 200 + 40 fee for the bounced check to avoid any further action.  Then further emails bringing it up as part of other topics.  Ultimately, I stop pursuing it again but also never absolve her from owing me the money.  This was the first (and last) check I ever accepted from her. ***QUESTION, can this 200 late fee / bad check and 40 bad check fee be recouped from her security deposit?***

I then force her to move to cash only from then on out.  No check, no western union, no zelle, etc. etc.  Pretty much Pays on time from Nov-March. If there was a 1 day late fee, she pays it, etc. (may have happened 1x in 5 months).. She just voluntarily moved out a few days ago thankfully.

She's being really nasty that she wants her deposit back... There are minimal damages (large driveway oil stain, cracked refrigerator shelf), but can I recoup the late fees from Aug?  Can I recoup the late fees, via bad check, from Oct?  October I am more hopeful for, since she HANDED me a check with intention to pay the late fees, only to have it bounce.

Thank you!

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