Ohio Admin. Code 4781-12-32 - Security deposit limitations
(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 per cent per
annum if the resident remains in possession of the premises for six months or
more, and shall be computed and paid annually by the park operator to the
resident.
(B) Upon termination of
the rental agreement, any property or money held
by the park operator 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 park
operator has suffered by reason of the resident's noncompli-ance with section
4781.39
of the Revised Code or the rental agreement. Any deduction from the security
deposit shall be itemized and identified by the park operator in a written
notice delivered to the resident together with the amount due, within thirty
days after termination of the rental agreement and delivery of possession. The
resident shall provide the park operator in writing with a forwarding address
or new address to which the written notice and amount due from the park
operator may be sent. If the resident fails to provide the park operator with
the forwarding or new address as required, the resident shall not be entitled
to damages or attorneys' fees under paragraph (C)
of this rule.
(C) If the park
operator fails to comply with paragraph (B) of this rule, the resident may
recover the property and money due him or her ,
together with damages in an amount equal to the amount wrongfully withheld, and
reasonable attorney's
attorneys' fees.
(D) In the event that a court of competent
jurisdiction determines that a park operator has violated any of the divisions
of section 4781.39
4781.50
of
the Revised Code, the commission
division shall consider such violation a violation of
this rule, and may take action pursuant to section
4781.121
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4781.26
Rule Amplifies: 4781.23, 4781.50
Prior Effective Dates: 12/01/2012
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