Ohio Security Deposit Demand Letter
In Ohio a landlord must itemize deductions and return your security deposit within 30 days, once you give a written forwarding address. Wrongful withholding can cost the amount withheld again plus attorney fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand an Ohio tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Ohio ties a tenant's deposit rights to one action the tenant must take first: give the landlord a written forwarding or new address. Without it, a tenant is not entitled to damages or attorney fees under division (C) of Ohio Rev. Code Section 5321.16, no matter how the landlord behaves. Once that address is in hand, division (B) gives the landlord 30 days after the rental agreement terminates and possession is delivered to itemize and identify any deduction in a written notice and deliver it, with the amount due, to the tenant. When the deposit does not come back, a written demand to the former landlord precedes any small claims filing. The deposit may be applied only to past due rent and to damages the landlord suffered from the tenant's noncompliance with Section 5321.05 or the rental agreement (Section 5321.16(B)). A landlord who breaks division (B) owes the property and money due plus damages equal to the amount wrongfully withheld and reasonable attorney fees, so the withheld sum is effectively recovered twice, and no proof of bad faith is needed (Section 5321.16(C)). An ignored demand can reach the small claims division for money claims up to $6,000, exclusive of interest and costs (Section 1925.02(A)(1)), within a six-year period to sue on a written agreement (Section 2305.06). DocDraft builds your Ohio security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
The demand letter is an Ohio tenant's written request to a former landlord for a withheld deposit, sent before the small claims division gets involved.
- 2
Giving the landlord a written forwarding or new address is a precondition: a tenant who never does is not entitled to damages or attorney fees under division (C) of Ohio Rev. Code Section 5321.16.
- 3
Division (B) requires the landlord to itemize and identify each deduction in a written notice and deliver it, with the amount due, within 30 days after the rental agreement terminates and possession is delivered (Section 5321.16(B)).
- 4
A landlord who keeps part of the deposit without that itemized-and-identified notice has not complied with division (B) (Section 5321.16(B)).
- 5
The deposit reaches only past due rent and damages from the tenant's noncompliance with Section 5321.05 or the rental agreement (Section 5321.16(B)).
- 6
Break division (B) and the tenant recovers the money due plus damages equal to the amount wrongfully withheld and reasonable attorney fees, effectively the withheld sum twice, with no bad-faith showing required (Section 5321.16(C)).
- 7
An ignored demand can go to the small claims division for money claims up to $6,000, exclusive of interest and costs (Section 1925.02(A)(1)), within a six-year period to sue on a written agreement (Section 2305.06).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Ohio, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Ohio Requirements for Security Deposit Demand Letter
30-Day Itemized Notice and Return Deadline
In Ohio any deduction must be itemized and identified in a written notice delivered to the tenant, together with the amount due, within 30 days after termination of the rental agreement and delivery of possession (Ohio Rev. Code Section 5321.16(B)). Your demand letter should state that this deadline has passed.
Written Itemized Notice of Deductions
An Ohio landlord who keeps any part of the deposit must itemize and identify each deduction in a written notice delivered with the amount due (Ohio Rev. Code Section 5321.16(B)). A landlord who withholds part of the deposit without a proper itemized notice has not complied with the statute.
Provide a Written Forwarding Address
An Ohio tenant must give the landlord in writing a forwarding or new address to which the notice and any amount due may be sent; a tenant who fails to do so is not entitled to damages or attorney fees under division (C) (Ohio Rev. Code Section 5321.16(B)). Confirm your forwarding address in the demand letter.
Permitted Deductions
An Ohio landlord may apply the deposit only to past due rent and to the amount of damages the landlord has suffered by reason of the tenant's noncompliance with Ohio Rev. Code Section 5321.05 or the rental agreement (Section 5321.16(B)). Deductions outside those categories can be disputed.
Penalty: Amount Withheld Again Plus Attorney Fees
If an Ohio landlord fails to comply with division (B), the tenant may recover the property and money due, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorney fees (Ohio Rev. Code Section 5321.16(C)). The practical exposure is double the amount wrongfully withheld plus fees, and the statute does not require proof of bad faith.
Send With Proof of Delivery
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and keep a copy of the letter, the written forwarding address you provided, and the delivery record for a later small claims filing.
Small Claims Limit
If the demand is ignored, an Ohio tenant may sue in the small claims division, which hears money claims for amounts not exceeding $6,000, exclusive of interest and costs (Ohio Rev. Code Section 1925.02(A)(1)). A deposit claim can include the withheld amount, equal damages, and attorney fees.
Deadline to Sue
The deadline to sue on a written agreement in Ohio is six years after the cause of action accrued (Ohio Rev. Code Section 2305.06). Filing promptly after the demand is the practical course, and the demand letter serves as evidence you sought to settle first.