Ohio Revised Code §5321.16 regulates security deposits, requiring landlords to return deposits within 30 days of lease termination with written itemization of any deductions. Deductions are limited to unpaid rent, utilities owed, and damages beyond normal wear and tear. However, many Ohio landlords ignore these rules, commingling deposits with personal funds, failing to return deposits within 30 days, or deducting for routine maintenance (painting, carpet cleaning) that should be considered wear and tear. When landlords violate §5321.16, tenants can sue for the deposit amount plus interest and court costs—but only if they act within the statute's timeframes. Understanding what constitutes 'normal wear and tear' under Ohio law prevents landlords from illegally deducting for fading paint, worn carpet, or scuff marks. The law explicitly requires deposits be returned 'in full or with an itemized written statement of deductions,' giving tenants the right to dispute deductions they believe are illegal. If a landlord fails to itemize or fails to return within 30 days, Ohio courts often award the full deposit plus damages, even if actual damage was minimal.
What is a Security Deposit?
Ohio §5321.16 requires security deposits be returned within 30 days of lease termination with itemized written deductions. Deductions must be for unpaid rent, utilities, and damages beyond normal wear and tear. 'Normal wear and tear' includes minor scuffs, fading, and worn carpet; landlords cannot deduct for these. Interest on deposits may be required depending on amount and lease duration.
Red flags to watch for
§5321.16 prohibits deducting for routine cleaning or repainting. These are normal wear and tear. Deductions only allowed for damages beyond normal wear (stains, holes, broken fixtures).
§5321.16 mandates 30-day return with itemization. Lease silence doesn't waive the requirement; landlord is bound by statute regardless of what contract says.
Deposits are security for damages, not pre-payment for rent. Applying deposits to rent violates §5321.16. Landlord must return deposit and separately pursue unpaid rent.
§5321.16 specifically defines normal wear and tear as non-deductible. Scuffs, fading, and worn carpet are wear and tear, not damages; deductions for these violate statute.
Ohio may require interest on deposits (rules vary by lease amount/length). Contract cannot waive statutory interest if required; such clauses are void.
§5321.16 requires return within 30 days. Withholding pending disputes violates the statute. Landlord must return deposit and separately pursue damage claims.
Your legal rights
Ohio Revised Code §5321.16 requires deposits be returned within 30 days with itemized deductions for unpaid rent, utilities, and damages beyond normal wear and tear. Violation of §5321.16 allows tenants to sue for the deposit amount plus court costs and possibly treble damages if violation was bad faith. Normal wear and tear is statutory defined and cannot be deducted.
Questions to ask before you sign
- 1What specific damages or deductions justify withholding part of the deposit (beyond unpaid rent)?
- 2What qualifies as 'normal wear and tear' under the lease, and what will be charged as damage?
- 3Will the landlord provide an itemized list of deductions within 30 days of move-out?
- 4Will you earn interest on the deposit, and if so, what rate and when is it paid?
- 5If you dispute the landlord's deductions, how can you challenge them, and what is the process?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.