Ohio Security Deposit Law, in Plain English

Ohio's deposit statute is short, but it hides two catches most people find out about too late: the tenant's best remedies only exist if a forwarding address was left in writing, and the famous "5% interest" almost never actually applies. Here's how Ohio Revised Code § 5321.16 really works, for both sides of the lease.

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30 daysDeadline after termination and delivery of possession to return the deposit or deliver a written, itemized notice of each deduction with the balance
No capOhio sets no limit on deposit size
5% interestOnly on the portion above the greater of $50 or one month's rent, paid annually once the tenancy reaches six months
Written addressDouble-damages and attorney-fee remedies exist only if the tenant gave a forwarding or new address in writing
2x + feesWrongful withholding costs the amount due, equal damages, and reasonable attorney's fees (§ 5321.16(C))

No cap — and an interest rule that bites only oversized deposits

Ohio sets no limit on deposit size; one month's rent is convention, not law.

The statute's one economic nudge: any portion of a deposit above the greater of $50 or one month's rent earns the tenant 5% per year, computed and paid annually, once the tenancy passes six months. A standard one-month deposit earns nothing. A two-month deposit on a long tenancy quietly earns interest on the second month — one reason oversized deposits are rare in Ohio.

After move-out: return it or itemize it, in 30 days

The clock starts when two things have both happened: the rental agreement has terminated and the tenant has delivered possession. Within 30 days, the landlord must return the deposit — or deliver a written notice itemizing and identifying each deduction, together with whatever balance remains.

What can be deducted: unpaid rent, and damages flowing from the tenant's failure to meet the statutory tenant duties in § 5321.05 — in practice, damage beyond normal wear and tear. Faded paint, carpet worn by ordinary walking, small nail holes: the landlord's cost, not the tenant's.

Thirty days to justify every deduction. The record does the justifying.

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Here's the catch that decides real cases: § 5321.16's tenant remedies — the doubling and the attorney's fees below — apply only if the tenant provided the landlord a forwarding or new address in writing.

Skip it and you can still sue for what's actually owed, but the statute's teeth stay in the drawer: no double damages, no fee award — and suddenly hiring a lawyer costs more than the deposit. Hand the landlord a written address the day the keys go back, and keep a copy. For landlords, the mirror advice: ask for the address in writing at move-out, and send the notice to it on time.

When it goes wrong: double the withheld amount, plus the lawyer

A landlord who wrongfully withholds any portion of the deposit — or simply misses the 30-day itemization — owes the tenant the amount due, plus damages equal to the amount wrongfully withheld, plus reasonable attorney's fees (§ 5321.16(C)). Ohio courts have applied that arithmetic even when the landlord's only sin was paperwork: real damage, missing notice, doubled liability.

The attorney-fee award matters more than it looks. Deposit amounts rarely justify hiring counsel; a fee-shifting statute changes that, which is why Ohio deposit cases get litigated at all.

Most disputes still start in the small claims division of the local municipal or county court — informal, cheap, no jury, and limited to $6,000 in controversy. What wins there is the file: the lease, the written forwarding address, the itemized notice or the silence where one should have been, and dated room-by-room photos from move-in and move-out.

Sources and official texts

The official sources for this guide are Ohio Rev. Code § 5321.16 — deposit procedures, interest, the 30-day rule, and remedies; Ohio Rev. Code § 5321.05 — tenant duties, the basis for damage deductions; Ohio Legal Help's security-deposit guide; and the Franklin County Municipal Court small-claims page ($6,000 limit and procedure).

Frequently asked questions

How long does a landlord have to return a security deposit in Ohio?

30 days after the lease ends and you hand back possession. Within that window the landlord must return the deposit or deliver a written, itemized notice of each deduction along with the balance due.

How much can a landlord charge for a security deposit in Ohio?

There's no legal limit — one month's rent is convention, not statute. One quirk: the portion of any deposit above the greater of $50 or one month's rent earns 5% annual interest once you've stayed six months, so oversized deposits carry a small ongoing cost for the landlord.

What can a landlord deduct from a deposit in Ohio?

Unpaid rent, and damages that flow from failing your tenant duties under § 5321.05 — which in practice means damage beyond normal wear and tear. Faded paint and ordinary carpet wear stay the landlord's cost.

What happens if the landlord misses the 30-day deadline or wrongfully keeps money?

The tenant can recover the amount due, plus damages equal to the amount wrongfully withheld, plus reasonable attorney's fees — effectively double the wrongfully held sum with the lawyer paid. Ohio courts apply this even when the landlord's only failure was skipping the itemized notice.

Why does my forwarding address matter so much in Ohio?

Because § 5321.16 conditions the double-damages and attorney-fee remedies on the tenant having given the landlord a forwarding or new address in writing. Without it you can still recover what's owed, but not the doubling or fees. Hand over the address in writing the day you return the keys, and keep a copy.

Does my deposit earn interest in Ohio?

Only the slice above the greater of $50 or one month's rent, at 5% per year, and only if you stay at least six months. A standard one-month deposit earns nothing; a two-month deposit on a multi-year tenancy earns interest on the second month, paid annually.

Does Ohio require a move-in inspection or photos?

No — no checklist, walkthrough, or photo requirement exists in the statute. That cuts both ways: nothing forces the landlord to document the baseline, and nothing hands the tenant a ready-made record. In a § 5321.16 dispute, the side with dated room-by-room evidence usually wins.

Where do deposit disputes go in Ohio?

Small claims division of the local municipal or county court, up to $6,000 — informal, cheap, no jury. Bring the lease, your written forwarding-address note, the itemized notice (or proof none arrived), and your move-in and move-out documentation.

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