Security Deposit Returns in Ohio: What Landlords and Tenants Need to Know
Understanding your rights and obligations when it comes to getting your security deposit back in Ohio.
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In Ohio, landlord-tenant relationships are governed by specific laws designed to protect both parties. A common point of contention revolves around the return of security deposits after a tenant moves out. Understanding the legal timeframe and requirements is crucial for both landlords to avoid penalties and for tenants to reclaim their rightful funds.
The 30-Day Rule
Under Ohio Revised Code Section 5321.16(B), landlords are legally mandated to return a tenant's security deposit within 30 days after the termination of the rental agreement and delivery of possession of the premises. This 30-day period begins when the lease ends and the tenant has fully vacated the property, typically signified by the return of keys.
Itemized Deductions and Written Notice
If a landlord intends to withhold any portion of the security deposit, they must provide the tenant with a written, itemized list of deductions within the same 30-day timeframe. This notice must clearly specify each deduction, the reason for it, and the amount withheld. Acceptable reasons for deductions generally include:
Unpaid rent: Any outstanding rent owed by the tenant.
Damages beyond normal wear and tear: This covers damage caused by the tenant's negligence or misuse, such as broken windows, large holes in walls, or excessive stains on carpets. It explicitly excludes "normal wear and tear," which refers to the expected deterioration of the property from ordinary use over time (e.g., minor scuffs on walls, faded paint, light carpet wear).
Unpaid utility bills.
Costs for excessive cleaning: If the tenant leaves the property significantly dirtier than when they moved in, beyond what constitutes normal cleaning.
The landlord should also send any remaining portion of the security deposit along with this itemized statement to the tenant's forwarding address.
The Tenant's Responsibility: Providing a Forwarding Address
It is critical for tenants to provide their landlord with a written forwarding address. If a tenant fails to do so, the landlord is not obligated to return the deposit or provide the itemized notice until the address is received. This can significantly delay the process and may impact the tenant's ability to pursue legal action if there's a dispute.
Consequences of Non-Compliance
If a landlord fails to return the security deposit or provide the itemized statement within the 30-day period, they may face significant legal repercussions. Ohio law allows tenants to sue for the amount wrongfully withheld, plus damages equal to the amount wrongfully withheld, and reasonable attorney's fees. This provision serves as a strong incentive for landlords to comply with the established timeframe and procedures. Small claims court is often an accessible avenue for tenants to pursue such claims without requiring a lawyer.
In conclusion, Ohio law provides a clear 30-day deadline for landlords to return security deposits after a tenant moves out. Both landlords and tenants should be aware of their rights and responsibilities, including the need for itemized deductions and the provision of a forwarding address, to ensure a smooth and legally compliant conclusion to the tenancy.
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.
