Ohio security deposit law: the 30-day deadline, penalties, and how to get your money back
Under Ohio Rev. Code § 5321.16, your landlord has 30 days after you move out to return your security deposit or send an itemized statement of deductions. Amounts kept without a timely itemized notice become wrongfully withheld — recoverable with statutory damages and attorney fees under R.C. 5321.16(C).
At a glance
- Return deadline
- 30 days after move-out
- Statute
- Ohio Rev. Code § 5321.16
- Itemized statement
- Required
- Attorney's fees recoverable
- Yes
- Small claims limit
- $6,000 (Small Claims Division (municipal/county court))
- Filing fee
- $30–$85 (varies by court)
The 30-day deadline and itemization rules
Any deduction must be itemized and identified in a written notice delivered with the balance due within 30 days (R.C. 5321.16(B)); vague entries like 'cleaning fees' are too general per Ohio Legal Help.
The statute requires an itemized written notice identifying each deduction; the landlord bears the burden of justifying deductions as unpaid rent or damages from the tenant's noncompliance.
Penalties for wrongfully keeping your deposit
The tenant may recover the amount wrongfully withheld plus damages equal to that amount (i.e., double) and reasonable attorney's fees (R.C. 5321.16(C)) — if a written forwarding address was provided.
Deposits exceeding $50 or one month's rent accrue 5% annual interest on the excess if the tenancy lasts 6+ months. Without a written forwarding address the tenant keeps the refund claim but loses double damages and fees.
Taking your landlord to small claims division (municipal/county court)
If a demand letter does not resolve the dispute, Ohio lets you sue in Small Claims Division (municipal/county court) for up to $6,000. Filing fees typically run $30–$85 (varies by court), lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a Ohio landlord have to return a security deposit?
30 days after move-out under Ohio Rev. Code § 5321.16. Any deduction must be itemized and identified in a written notice delivered with the balance due within 30 days (R.C. 5321.16(B)); vague entries like 'cleaning fees' are too general per Ohio Legal Help.
What happens if the landlord misses the 30-day deadline in Ohio?
Amounts kept without a timely itemized notice become wrongfully withheld — recoverable with statutory damages and attorney fees under R.C. 5321.16(C).
What penalties does Ohio law impose for wrongfully keeping a deposit?
The tenant may recover the amount wrongfully withheld plus damages equal to that amount (i.e., double) and reasonable attorney's fees (R.C. 5321.16(C)) — if a written forwarding address was provided.
Can I sue my landlord in small claims court in Ohio?
Yes — Small Claims Division (municipal/county court) handles deposit disputes up to $6,000. Typical filing fees run $30–$85 (varies by court), and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Ohio?
No. Like every state, Ohio does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. Deposits exceeding $50 or one month's rent accrue 5% annual interest on the excess if the tenancy lasts 6+ months. Without a written forwarding address the tenant keeps the refund claim but loses double damages and fees.
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