Ohio Statewide Rule
Ohio Security Deposit Law: No Cap, 30-Day Return, Double Damages
Key Facts
- Deposit cap
- None (no statutory limit)
- Return deadline
- 30 days after termination and delivery of possession (tenant must give forwarding address)
- Itemized statement
- Required in writing within 30 days; deposits over $50 or one month's rent held 6+ months earn 5%/yr interest
- Statute
- Ohio Rev. Code 5321.16
- Penalty
- Damages equal to amount wrongfully withheld (double) plus reasonable attorney's fees
Summary
Ohio sets no statutory cap on residential security deposits under Ohio Rev. Code 5321.16. The landlord must itemize deductions in writing and return the balance within 30 days after the tenant gives up possession. Deposits over $50 or one month's rent held six months or more earn 5% annual interest. Wrongful withholding exposes the landlord to double damages plus attorney's fees.
(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 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 noncompliance 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 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 attorneys fees under division (C) of this section. (C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
Full Breakdown
Ohio Rev. Code 5321.16(A) requires that "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 tenant remains in possession of the premises for six months or more," paid annually. There is no statutory ceiling on the deposit amount. Under division (B), any deduction "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 termination of the rental agreement and delivery of possession." The tenant must furnish a forwarding address in writing to receive the notice and refund. Permitted deductions are past-due rent and damages the landlord suffered from the tenant's noncompliance.
Violations & Penalties
Under Ohio Rev. Code 5321.16(C), if the landlord fails to comply with division (B), the tenant may recover the money due "together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorney fees" - effectively double the wrongfully withheld sum plus fees.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Ohio?
How long does a landlord have to return a security deposit in Ohio?
What can a landlord deduct from a security deposit in Ohio?
Sources
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