Ohio Pet Deposit Laws: Understanding the Rules, Limits, and Refunds
How to Build Resilience in the Face of Financial Challenges
every industry needs a leader
•
empower the leader in you
•
every industry needs a leader • empower the leader in you •
In Ohio, the short answer is yes, pet deposits are legal. However, the way they are regulated depends heavily on how the payment is classified in your lease agreement and whether the animal is a pet or a service animal.
Ohio law is notably flexible regarding the amount a landlord can charge, but it becomes quite strict regarding how that money must be handled and returned.
The Legal Classification of Pet Deposits
In the eyes of the Ohio Revised Code (§ 5321.16), a "pet deposit" is generally treated as a subset of a security deposit. By definition, a security deposit is any money intended to secure the tenant's performance under the lease. Since a pet deposit is designed to protect the landlord against potential damage caused by an animal, it falls under the same legal umbrella as your standard security deposit.
This means that while a landlord can ask for a pet deposit, they must follow specific rules:
The 30-Day Rule: Once you move out, the landlord has 30 days to return the deposit or provide an itemized list of deductions for damages beyond "normal wear and tear."
Interest Requirements: If the total amount of all deposits (security plus pet) exceeds one month’s rent or $50 (whichever is greater), and you stay for more than six months, the landlord must pay you 5% annual interest on that excess amount.
Deposit vs. Pet Fee
It is crucial to distinguish between a pet deposit and a pet fee. In Ohio, a "deposit" is typically refundable if no damage occurs. A "fee," however, is often written into leases as a non-refundable upfront payment for the privilege of having a pet.
Courts in Ohio generally uphold these non-refundable fees as long as they are clearly labeled and agreed upon in the lease. However, if a landlord calls it a "deposit" but refuses to refund it without proof of damage, they may be in violation of state law.
The Service Animal Exception
One of the most important legal nuances in Ohio involves service animals and emotional support animals (ESAs). Under the federal Fair Housing Act and Ohio’s own civil rights laws, these animals are not considered pets.
Landlords are prohibited from charging a pet deposit or a pet fee for a documented service animal or ESA. While a tenant is still financially responsible for any actual damage the animal causes to the unit, the landlord cannot require "insurance" in the form of an upfront pet deposit for these animals.
Limits and Best Practices
Surprisingly, Ohio has no statutory cap on how much a landlord can charge for a deposit. Unlike some states that limit deposits to one or two months of rent, Ohio landlords can technically ask for any amount. However, if a deposit is deemed "unconscionable" or wildly outside market norms, it could be challenged in court.
If you are a tenant in Ohio, always ensure the lease specifies whether your pet payment is a refundable deposit or a non-refundable fee. If it is a deposit, take photos of the property upon move-in to ensure you aren't charged for "damages" that were already there.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
