Getting the Deposit Back
ORC 5321.16 — thirty days, and the address that preserves the remedy
The deposit section adds damages equal to the amount wrongfully withheld, on top of the money itself, and it has one condition that tenants routinely fail without ever being told about.
Who handles this in Ohio: Community Legal Aid and Legal Aid Society of Cleveland; and legal aid programs, lawyer referral and the state offices, listed in the Ohio directory.
The written forwarding address is what preserves the remedy. A tenant who does not give the landlord a written forwarding address loses the double damages and the attorney fees. Not the deposit itself, which is still owed, but the part of the section that makes it worth anybody's time to pursue. It is the most common way this claim is quietly given up.
Thirty days, and an itemized written notice. Without them, damages equal to what was withheld. Any deduction has to be itemized and identified in a written notice delivered to the tenant along with whatever amount is due, within thirty days after the rental agreement ends and possession is delivered. Where the landlord does not comply, the tenant may recover the property and money due, together with damages equal to the amount wrongfully withheld, and reasonable attorney fees.
| What happened | Where it leaves things |
|---|---|
| What happenedWritten forwarding address given, nothing back in 30 days | Where it leaves thingsDouble the amount wrongfully withheld, plus reasonable attorney fees |
| What happenedMoney returned but no itemized written notice | Where it leaves thingsThe itemization is part of the duty, not an optional courtesy |
| What happenedNo written forwarding address given | Where it leaves thingsThe deposit is still owed. The double damages and fees are lost |
| What happenedDeductions for past due rent, or for damages from a breach of the tenant's duties or the lease | Where it leaves thingsLawful, where itemized in the notice |
The thirty days runs from the end of the rental agreement and the delivery of possession together, rather than from the date on the lease. Keys handed back on a date after the lease ended move the start of the clock to the later of the two.
What the section lets a landlord take from the deposit is past due rent, and the damages the landlord suffered because the tenant did not meet the tenant's duties under section 5321.05 or the rental agreement. The phrase normal wear and tear is not in the section; whether a charge is damage of that kind is where most disputes actually live. An itemized notice at least forces the landlord to say what the charge is for, which is why the itemization requirement carries the same weight as the deadline.
“Was a written forwarding address given, and on what date.”
Deposits above a certain amount held for longer than six months carry an interest provision elsewhere in the same section, which is not covered here. What a lease may lawfully authorize as a deduction, and where wear ends and damage begins, are fact questions. Small claims court hears claims up to its limit with or without a lawyer, and legal aid offices across the state take deposit cases.
Sources for this section (2)
- ORC 5321.16 — Security deposits, the thirty days, and what a wrongful withholding costs
- ORC 5321.05 — Tenant obligations, including not unreasonably withholding consent
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.