Ohio security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Ohio Rev. Code § 5321.16, a landlord in Ohio must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

The tenant must have given the landlord a forwarding address in writing to recover damages and fees.

What it costs your landlord

Under Ohio Rev. Code § 5321.16, a landlord who wrongfully withholds a deposit in Ohio may be liable for the amount due plus damages equal to the amount wrongfully withheld, plus reasonable attorney's fees. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Ohio

Amounts for damages the landlord suffered by reason of the tenant's noncompliance with § 5321.05 or the rental agreement, plus past-due rent.

Ohio Rev. Code §§ 5321.16(B), 5321.05

Why wear and tear still isn't chargeable here

Ohio has NO express wear-and-tear exclusion — the phrase appears in neither § 5321.16 nor § 5321.05. The protection exists by construction: ordinary wear is not noncompliance with any duty § 5321.05 imposes, so it falls outside what the deposit may be applied to. That is a different sentence from the usual one, and a stronger one to make correctly than to make wrongly.

What a compliant itemization has to contain

An itemized list of deductions, with the amount due, delivered within 30 days of termination and delivery of possession.

Read it yourself: Ohio Rev. Code §§ 5321.16(B), 5321.05

How to get your deposit back in Ohio

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Ohio that's 30 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Ohio Rev. Code § 5321.16, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in Ohio?

Under Ohio Rev. Code § 5321.16, a Ohio landlord has 30 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Ohio?

Under Ohio Rev. Code § 5321.16, a landlord who wrongfully withholds may be liable for the amount due plus damages equal to the amount wrongfully withheld, plus reasonable attorney's fees.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.