My landlord is claiming that he is only the rental manager, not the owner, and I must sue the owner if I want to get my security deposit back. Is he right?

A. Ohio Revised Code Section 5321.01 defines "landlord" as the "owner, lessor, or sublessor, of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement."

So the answer is that the landlord will not be able to escape liability for the return of the security deposit simply because he is not the owner. In fact, it is best to sue both the owner and the rental manager of the property. You may think that the rental management company is the owner of the property in which you reside, but this is rarely the case. Some owners switch rental management companies like they switch their shirts. These companies are here today and gone tomorrow, and a judgment against such a company is only good if they are still in business and have assets to collect from. The owner of the property will of course, almost always have one asset, the property itself. If he refuses to pay after a court judgment, your attorney can put a lien upon the property that will eventually force the issue.

Owners also become very displeased with their rental managers when they get sued. So sue them both and create some discord that you can use to your advantage. You can always find out who owns the property in which you reside by traveling to the County Recorder"s Office and looking up the address. Some County Recorders Offices even have an Internet website that provides that information.

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