Can I still sue a landlord for security deposit if I cashed a partial check?

In the state of Ohio.

My landlord returned part of my security deposit with a list of false damages that she kept the rest of the money for. She charged us for things like cleaning the carpet, claiming that we stained it, yet the carpet receipt says nothing of any stain removal (however, it does note stain removal for the other address on the bill). Overall, she seems to have charged us for normal wear and tear.

Unfortunately, I was in need of the money she did refund me for the current rent, so I did cash the check she sent. However, prior to cashing the check, I made a copy of it for evidence and sent the landlord a letter demanding the remainder of the deposit back. Also unfortunately I didn't copy the back of the check, but it did not say paid in full or anything similar, just "deposit refund" in the memo.

Would I have any real chance of winning the case against her having cashed the check, or would I be out of luck?
Additional Details
Let me add in that I have video from the day we moved out proving that no stains or damages were present in the apartment.

Charges were also made for what she personally cleaned, no one was hired in and no special means were taken.

editor@bcdisabilities.com

Put your gloves and prepare to do battle!

5321.16 Security deposits; interest; forfeiture; procedures

(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five percent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.

(B) 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 non-compliance 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 the 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 attorney's fees under division (C) of this section.

... If, after 30 days, the landlord has not returned the deposit or the itemized accounting, or if the tenant disagrees with the landlord's decision to withhold some or all of the security deposit, then the tenant may sue for double the amount which the tenant believes was wrongfully withheld.

If the tenant's claim is for less than $2000, the tenant may file in the Small Claims Court in the city where the property was located.

... and here's the helpful form letter to get begin the proceedings http://www.clevelandtenants.org/letters/let33f.htm.

Sounds like you have all the evidence required to win. Cashing the partial check changes nothing. Doesn't mean you accepted either the list of the payment. So go get 'em, tiger! Hurry, too, as there is a 30-day notice period.

smedrik

You would be out of luck, the landlord did everything by the book, handed you partial payment, showed you receipts and provided an itemized list.

By cashing the check you accepted the partial payment.

michelob86

No. you can sue. But I caution that if you lived in the apartment for any length of time, you know it got dirty because of you, and to be able to rent it out, it needed to be cleaned. I don't think you'll get it back.

Baby #1 on 12/10/08

Do you still have your copy of your lease? A carpet cleaning requirement is not at all uncommon, regardless of whether there are noticeable stains. A stainless carpet doesn't necessarily equal a clean one. However, it's usually not deducted from the deposit as your landlord should have told you that you had to have someone do it and provide a receipt or request a money order or the sort to cover the cost of their people doing. That's why I say look at your lease or move out instructions. If the requirement is conveyed and you didn't do it, then it's a legitimate reduction. If it's not conveyed, then you may have a case if the carpet was as clean as you say it was.

As for the cleaning charge, it doesn't matter whether she did it herself. The cleaning that is the tenant's (your) responsibility apparently had to be done, and it's a legitimate charge.

gorkbarque

Sue her. Cleaning a carpet is normal wear and tear and should not be deducted from your security deposit.

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