Security Deposit Not Returned in Ohio: What Can I Do?

What the law says

1. 1

   Your landlord has 30 days to act after your lease ends and you move out and hand back the keys. In that time, they must either return your full security deposit or send you a written notice. That notice must list and explain any part of the deposit they are keeping.

   Source:

   1. § 5321.16(B), Ohio Revised Code. Law.
2. 2

   Your landlord can take money from your deposit for unpaid rent and for damage you caused to the home. This is limited to damage caused by you breaking the lease or not meeting your duties as a tenant under Ohio law.

   Source:

   1. § 5321.16(B), Ohio Revised Code. Law.
3. 3

   Your landlord cannot charge you for normal wear and tear (normal use of the home over time, not damage you caused). Your landlord also cannot charge you the full cost of replacing something like the carpet for the whole home. They also cannot use a vague reason like a general cleaning fee.

   Source:

   1. What your landlord can take out, Ohio Legal Help. A nonprofit group.

Ask for your deposit back

4. 4

   When you move out, give your landlord your forwarding address in writing. This is the address where your landlord must send your deposit, or their written notice explaining any money they took out of your deposit.

   Source:

   1. § 5321.16(B), Ohio Revised Code. Law.
5. 5

   If you don't give your landlord a forwarding address in writing, Ohio law says you lose a right. You cannot collect extra money or attorney's fees, even if your landlord should not have kept your deposit.

   Source:

   1. § 5321.16(B), Ohio Revised Code. Law.

If your landlord does not pay

6. 6

   If your landlord does not return your deposit or send the written notice on time, Ohio law lets you get the deposit back. You can also get an equal amount as extra money. Your landlord must also pay your reasonable attorney's fees. For example, say your landlord keeps $1,000 of your deposit that they should not have kept. You can get that $1,000 back, plus $1,000 more as extra money, for $2,000 total, plus your attorney's fees.

   Source:

   1. § 5321.16(C), Ohio Revised Code. Law.
7. 7

   Before you go to court, send your landlord a letter asking for your deposit back. Send it by certified mail and ask for a return receipt, so you can prove your landlord received it. Keep a copy of the letter and the mail receipt for your records.

   Source:

   1. What to do if you don't get your security deposit back, Ohio Legal Help. A nonprofit group.

Going to court

8. 8

   If your landlord still won't return your deposit, you can sue in small claims court. This is a court for smaller money disputes, and it is simpler and cheaper than other courts. In Ohio, small claims court can only hear claims of $6,000 or less. You do not need a lawyer to represent yourself there.

   Source:

   1. Understanding the Basics, Ohio Legal Help. A nonprofit group.
9. 9

   Bring printed copies of your evidence to your hearing, such as photos, letters and your lease. Ohio courts want paper copies of texts, emails or photos, not evidence only on your phone. Bring more than one copy.

   Source:

   1. At your hearing, Ohio Legal Help. A nonprofit group.
10. 10

    Before your hearing, the court may offer you a mediator (a neutral person who helps you and your landlord try to work out an agreement). It can be a good idea to try this first, since it may resolve things faster.

    Source:

    1. At your hearing, Ohio Legal Help. A nonprofit group.