DisputeKit / Ohio
How long does a Ohio landlord have to return a security deposit?
30 days. Under Ohio Revised Code § 5321.16, a landlord must deliver a written notice itemizing any deductions from the security deposit, together with the amount due within 30 days. The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you can still recover the deposit, but not the extra damages or attorney's fees. A court may also award the money wrongfully withheld, together with damages in an amount equal to the amount wrongfully withheld, plus reasonable attorney's fees, if the tenant gave the landlord a forwarding address in writing.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 30 days run from the end of the rental agreement and the tenant's return of possession to the landlord.
- The tenant must give the landlord a forwarding or new address in writing; a tenant who does not is not entitled to the extra damages or attorney's fees.
What Ohio law says about deductions and your rights
- Deductions are limited to past-due rent and damages caused by the tenant's failure to meet the tenant's legal duties or the rental agreement.
- Where the deposit is more than $50 or one month's rent (whichever is greater) and the tenant stays six months or more, the excess earns 5% annual interest.
- Give the landlord your forwarding address in writing; without it you can still recover the deposit but not the extra damages or attorney's fees.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Ohio is $6,000 in the small claims division of municipal and county courts, and the filing fee is Set by each municipal or county court, commonly about $30 to $120.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you can still recover the deposit, but not the extra damages or attorney's fees
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Ohio?
The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you can still recover the deposit, but not the extra damages or attorney's fees.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Ohio law allows a court to award the money wrongfully withheld, together with damages in an amount equal to the amount wrongfully withheld, plus reasonable attorney's fees, if the tenant gave the landlord a forwarding address in writing. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Ohio is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.