Getting The Deposit Back
ORC 5321.16 — thirty days, and the address that preserves the remedy
The deposit section has a remedy in it strong enough that most landlords comply once they know a tenant is aware of it, and it has one condition that tenants routinely fail without ever being told about.
| What happened | Where it leaves things |
|---|---|
| Written forwarding address given, nothing back in 30 days | Double the amount wrongfully withheld, plus reasonable attorney fees |
| Money returned but no itemised written notice | The itemisation is part of the duty, not an optional courtesy |
| No written forwarding address given | The deposit is still owed. The double damages and fees are lost |
| Deductions for unpaid rent or damage beyond normal wear | Lawful, where itemised 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.
Normal wear and tear is not deductible, and the line between that and damage is where most disputes actually live. An itemised notice at least forces the landlord to say what the charge is for, which is why the itemisation 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 authorise as a deduction, and where wear ends and damage begins, are fact questions. Small claims court handles most deposit cases without a lawyer, and legal aid offices across the state advise on them.
Sources for this section (1)
- ORC 5321.16 — Security deposits, the thirty days, and what a wrongful withholding costs
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.