Whose money is it?
A security deposit is your money until proven otherwise. In general, a landlord must return it in full within 30 days after your lease ends, you turn in your keys, and you give the landlord written notice of your forwarding address.
When can a landlord keep my security deposit?
A landlord can keep security deposit funds for a few reasons, including unpaid rent, unpaid utilities that belong to the tenants but are being charged to the landlord, and property damages that can be linked to the tenants or their guests. Landlords cannot charge tenants for damages that already existed when they moved in or for damages caused by the landlord not maintaining the property. That’s why it is so important to take pictures of the entire rental property before you move in as well as after you move out.
And to report all condition issues to the landlord promptly and in writing.
A landlord cannot keep your security deposit due to “ordinary wear and tear” to the property. For example, if you spill spaghetti on the carpet and cause a noticeable stain because you did not clean it up properly, the landlord can deduct that cleaning expense from your security deposit. But the landlord cannot charge you for the wear that occurs simply because you walk on the carpet under normal usage.
If the landlord keeps all or part of your security deposit and you provided your forwarding address, the landlord must notify you within 30 days of the amount withheld and specifically identify each cause and amount. Landlords cannot claim amounts that unreasonably exceed their actual costs; in other words, they can’t just make up a number. For example, Ohio caselaw does not support an penalty fee of $100 to have an extra key made — even if it is in the lease — because the actual expense is less than $10.
I still haven’t received my security deposit from the landlord after more than 30 days. What can I do?
If you did not receive written notice identifying the causes for any withholding, you have a legal claim. If you received notice but are not actually liable for some the identified causes, you have a legal claim.
In either case, it is generally a good idea to send a letter to the landlord first. Include the address of the property, the date your lease ended, the fact that you gave the landlord your forwarding address in writing and turned in the keys, and that it has been more than 30 days. If you received notice of the causes for withholding but are not liable for some of them, inform the landlord of the reasons you are not responsible for each cause that you dispute. A sample fill-in-the-blank letter for this purpose is online at https://www.studentlegalrights.org/housing-publications under the “Security Deposit Packet” button.
Ohio law gives you the right to “double damages” for the portion of your security deposit that was “wrongfully withheld,” so long as you gave your forwarding address in writing.
The law also provides for reasonable attorney fees for tenants who require an attorney to retrieve their security deposit and who win their case.
Here’s an example:
You submitted a $500 security deposit to the landlord. You returned the keys and gave your forwarding address to the landlord at lease end. Thirty days later, you receive a $100 check in the mail from the landlord, with a statement identifying that the landlord spent $200 repairing holes to the wall and $200 replacing a broken sink. You broke the sink, but the holes were there when you moved in. If the landlord cannot show that you are responsible for the holes -or- return the $200 within the original 30 days, the landlord now owes you $400 under Ohio law: $200 “wrongfully withheld” times two.
And here’s another example:
You submitted a $500 security deposit to the landlord. You returned the keys and gave your forwarding address to the landlord at lease end. You left the premises in as good a condition as you found them, minus ordinary wear and tear. Thirty days later, you have received nothing from the landlord. Unless the landlord can show they had a right to withhold some or all your security deposit, the landlord now owes you $1,000 under Ohio law: $500 wrongfully withheld times two.
In your letter, you might choose to give the landlord one last chance to refund your security deposit (minus legitimate withholdings) before demanding the double damages mandated under the law. It might make the landlord more likely to cooperate.
I sent the letter requesting the return of my wrongfully withheld security deposit … but the landlord did not respond at all. Now what do I do?
That’s what small claims court is for! It is set up so folks can proceed without a lawyer if they choose. Each county in Ohio has one and they generally have templates available to help you file your claim (“Complaint”). Check with the clerk’s office for instructions on how to proceed; they will assist you on procedural issues. You will have to pay court costs to file but you will get them back if you prevail. If you have a low income and cannot pay the costs upfront, ask the clerk’s office for an Affidavit of Indigency. You must then fill out your financial information and swear to it in front of a notary (usually available at the clerk’s office).
The court will set a date for the small claims hearing. Bring your evidence: receipts or other evidence that you paid the security deposit, the lease, photos or videos of the condition of the rental when you left, rent and utility receipts showing you paid them, witnesses (including yourself) who can swear to the conditions at the rental and/or the payments you made, etc.
More information on taking your security deposit case to court is available at https://www.seols.org/resource-center-2#HOUSING under the “Security Deposits” header. If you are an Ohio University student, you may be eligible for legal assistance at Center for Student Legal Services (740) 594-8093. For non-students, you can call the intake line for the Legal Aid of Southeast and Central Ohio at 844-302-1800 to be screened. Both organizations have offices in Athens.
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