Security Deposits

A tenant who wants to maximize their chance of getting their security deposit back should take photos and videos showing the condition of their rental home at move-in, at move-out, when repairs are needed, and after repairs are completed. Tenants also should save copies of maintenance requests and all other communication with their landlord. Upon move-out, tenants should leave their rental home empty and clean, and they should give their landlord a written copy of the tenant’s new address where the landlord can send the returned deposit. Tenants should keep their own copy of any email or text message for proof they’ve done this, or include their new address in a letter sent to the landlord by certified mail, with the tenant keeping their own copy.

Landlords have 30 days from the end of a tenant’s lease to either return the security deposit in full or send the tenant an itemized list of deductions and any remainder of the deposit.

Landlords may withhold money from a tenant’s deposit to cover any unpaid rent or damage beyond normal wear and tear that the tenant or their guests have caused to the rental home. 

Normal Wear and Tear - Examples

• curtains faded from the sun
• peeling or faded paint
• carpet worn thin from normal use
• rusty shower curtain rod
• a few small nail holes in walls

Damage - Examples

• cigarette burns in the carpet
• large holes punched through walls
• broken windows or mirrors
• pet stains and odors
• spoiled food left behind in a refrigerator

If the tenant gave their landlord proper notice of the tenant’s new address upon move-out, and the landlord has not returned the full amount of the deposit that the tenant believes they are owed within 30 days of the tenants move-out, then the tenant may send the landlord a letter by certified mail, and keep their own copy. This letter should request that the landlord return whatever amount of the deposit the tenant believes they are owed. The letter should once more include the tenant’s new address, and inform the landlord that if this money is not returned by a new deadline of 30 days from the date the letter was sent, the tenant may choose to exercise their right under Ohio Revised Code 5321.16 to sue the landlord for double the amount improperly withheld, plus reasonable attorney’s fees.

Often this letter will be enough to convince a landlord to return a wrongfully withheld deposit. If not, the tenant may sue the landlord in small claims court – and this Step-by-Step Guide to recovering a wrongfully withheld deposit can help.