How much can a landlord deduct from a security deposit in Ohio?
Short answer: Ohio does not set a fixed dollar cap on how much of a residential security deposit you can keep. You may apply it to past due rent and to damages caused by the tenant's noncompliance with R.C. 5321.05 or the rental agreement. Each 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.
If you don't comply, the tenant can recover the money due plus damages equal to the amount wrongfully withheld and reasonable attorneys fees. The tenant must give you a forwarding address in writing; without it, the tenant is not entitled to those extra damages or attorneys fees.
Do the math in 2 minutes: the free Kitwright Security Deposit Deduction Calculator prorates replaced items for wear and tear, totals your deductions, estimates the Ohio 30-day date, and prints an itemized statement. No sign-up, and nothing you type leaves your browser.
Who this guide covers
R.C. 5321.16 is part of Ohio Revised Code Chapter 5321, which covers landlords and tenants of residential premises. R.C. 5321.01(C) excludes some places from "residential premises," including hotels, motels and similar transient occupancy, certain farm residences, and occupancy by an owner of a condominium unit. A "security deposit" is any deposit of money or property to secure performance by the tenant under a rental agreement (R.C. 5321.01(E)), so a refundable pet deposit usually counts too. Under R.C. 5321.13(A), no provision of Chapter 5321 may be modified or waived by any oral or written agreement (except as provided in division (F)).
How much deposit you can collect
Chapter 5321 does not set a maximum security deposit. The statute does attach an interest duty to larger deposits (next section). Ohio Legal Help, a statewide legal self-help site, notes a deposit "can be any amount" but is usually about one month's rent (Ohio Legal Help).
Interest: 5% on the excess after six months
- The rule (R.C. 5321.16(A)): any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, bears interest on the excess at five percent per annum if the tenant remains in possession of the premises for six months or more.
- Timing: the interest is computed and paid annually by the landlord to the tenant.
- Example: rent $1,000 and deposit $2,000. The greater of $50 or one month's rent is $1,000, so the excess is $1,000 and a year's interest is $1,000 × 5% = $50. A deposit equal to one month's rent (or less) has no excess, so no interest is due under this division.
What you can (and can't) deduct
Under R.C. 5321.16(B), upon termination of the rental agreement, property or money held as a security deposit may be applied to:
- Past due rent; and
- Damages the landlord has suffered by reason of the tenant's noncompliance with R.C. 5321.05 or the rental agreement. Section 5321.05 lists tenant duties, including keeping the occupied premises safe and sanitary, using electrical and plumbing fixtures properly, maintaining landlord-supplied appliances when a written rental agreement requires it, and personally refraining from (and forbidding guests from) intentionally or negligently destroying, defacing, damaging or removing any fixture, appliance or other part of the premises.
The statute does not publish a wear-and-tear checklist. Ohio Legal Help says a landlord may not use the deposit for reasonable wear and tear, routine repainting you would do anyway between tenants, the full cost of replacing something like carpet for the whole unit, or vague charges such as just "cleaning fees" (Ohio Legal Help). That is self-help guidance, not statute, but it shows how tenants will read your notice.
| Generally not a deposit claim | May support a damages claim |
|---|---|
| Carpet worn thin in a hallway from years of normal foot traffic | Carpet stained or destroyed by a pet the current tenant kept |
| Paint faded from sunlight and light furniture scuffs | Large holes, unauthorized paint left unrestored, or marker damage |
| A defect already noted on a dated move-in walkthrough | A new broken window, missing appliance part, or similar tenant-caused damage |
Illustrative only—R.C. 5321.16 does not list these examples. Keep invoices, receipts and dated photos. If the tenant sues, expect to justify each dollar.
The 30-day itemized written notice and refund
- Deadline: within 30 days after termination of the rental agreement and delivery of possession (R.C. 5321.16(B)). Both have to happen; count from the date the second one occurred.
- What to send: a written notice in which any deduction is itemized and identified, delivered to the tenant together with the amount due. If you keep nothing, return the full deposit (plus any interest owed under division (A)).
- What the statute does not require: R.C. 5321.16 does not expressly require receipts or estimates with the notice. Attaching them anyway helps if the tenant disputes a line.
- Forwarding address: the tenant shall provide you in writing a forwarding or new address for the notice and amount due. If the tenant does not, the tenant is not entitled to damages or attorneys fees under division (C). Ask for it in writing at move-out and keep a copy.
Make the statement: enter each line in the free calculator, then print the itemized statement and send it with the amount due, plus copies of invoices, estimates and photos.
Hypothetical worked example
Hypothetical example (made-up numbers for illustration). A tenant pays $1,500 a month with a $1,500 deposit. The lease ends and the tenant returns the keys on October 31, 2026, gives a written forwarding address, and owes no rent. Because the deposit does not exceed one month's rent, no interest is due under R.C. 5321.16(A). You claim two repair items.
| Item | How it's figured | Claim |
|---|---|---|
| Bedroom carpet ruined by pet urine (4 years old, expected to last 8, $1,000 to replace with similar quality) | Charge only the life it had left: $1,000 × (8 − 4) ÷ 8 | $500.00 |
| Patching and repainting a wall with many large anchor holes ($225 painter's invoice) | Invoice amount | $225.00 |
| Paint faded and lightly scuffed in the living room | Ordinary wear — not claimed | $0.00 |
| Total itemized deductions | $725.00 | |
| Amount due to the tenant with the written notice ($1,500 − $725) | $775.00 | |
Deliver the itemized written notice and the $775 by November 30, 2026—30 days after termination and delivery of possession. Ohio's statute does not prescribe a carpet-proration formula; charging only remaining useful life is one way to keep a claim defensible. Keep the invoice, receipts and photos with your copy of the notice.
Run your own numbers: the free calculator applies the same proration approach and works out return-by dates for Ohio and 50 other jurisdictions (49 states + DC).
Penalties
- Not complying 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 attorneys fees (R.C. 5321.16(C)). The Toledo Municipal Court Housing and Environmental Division describes this as "double the amount wrongfully withheld" plus reasonable attorney fees (Toledo Housing Courts).
- No written forwarding address: the tenant is not entitled to the damages or attorneys fees under division (C) (R.C. 5321.16(B)).
- Lease fee clauses: an agreement to pay the landlord's or tenant's attorney's fees is not recognized in a residential rental agreement (R.C. 5321.13(C)).
- Where disputes go: small claims divisions hear money-only civil actions up to $6,000, exclusive of interest and costs (R.C. 1925.02(A)(1)). Municipal courts generally hear claims up to $15,000 (R.C. 1901.17); that limit does not apply to a municipal court's housing or environmental division.
Local rules
This guide covers Ohio state law. Some cities and their housing courts publish their own landlord-tenant guidance, and local ordinances can add obligations. When both apply, follow the stricter rules that cover your property.
Quick checklist before you send the notice and refund
- Confirm the date the rental agreement ended and the date the tenant delivered possession (keys back); the 30-day clock runs after both.
- Confirm the tenant gave a written forwarding address; if not, document your request (it affects division (C) damages and fees).
- If the deposit exceeded the greater of $50 or one month's rent and the tenant stayed six months or more, make sure the 5% annual interest on the excess was paid.
- List each deduction separately with what it is for; avoid lump-sum lines like "cleaning."
- Cut ordinary wear and anything already present at move-in; claim only past due rent and damages from noncompliance with R.C. 5321.05 or the lease.
- Deliver the written notice together with the amount due within 30 days, and keep proof of mailing.
For your year-end records, the free Year-End Landlord Ops Checklist (Excel) includes a deposits section.
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Need the full deposit worksheet?
The Deposit Kit is Excel worksheets for move-out deductions. Code FIRSTKIT is 40% off through Nov 30 (apply the code on Gumroad if it is not already filled in).
Guides for other states
- Arizona: how much can a landlord deduct from a security deposit? (14 business-day itemized list after possession and demand, 1.5-month cap, nonrefundable fees in writing, move-out inspection notice, twice-the-amount damages)
- California: how much can a landlord deduct from a security deposit? (21-day itemized statement, receipts and photos, 2026 changes)
- Florida: how much can a landlord deduct from a security deposit? (15-day full return or 30-day claim notice, tenant 15-day objection, itemized claim)
- Georgia: how much can a landlord deduct from a security deposit? (30-day return after possession, move-in/out damage lists, two-month cap, escrow or bond, treble damages for wrongful withholding)
- Illinois: how much can a landlord deduct from a security deposit? (30-day itemized statement, 45-day full return if none, double-deposit penalty)
- New Jersey: how much can a landlord deduct from a security deposit? (30-day itemized return by personal delivery or registered/certified mail, 1.5-month cap, interest-bearing NJ account with written notice, double damages)
- New York: how much can a landlord deduct from a security deposit? (14-day refund, one-month cap, itemized list, forfeiture if late)
- North Carolina: how much can a landlord deduct from a security deposit? (30-day itemized accounting (60-day final if needed), statutory deposit caps, trust account or bond, willful noncompliance voids retention)
- Pennsylvania: how much can a landlord deduct from a security deposit? (30-day written damages list + refund, forfeit if late, double excess withheld)
- Texas: how much can a landlord deduct from a security deposit? (30-day refund, forwarding address, itemized list, bad-faith penalties)
- Washington: how much can a landlord deduct from a security deposit? (move-in checklist required, 30-day full and specific statement, up to 2x deposit)
For every other state's return deadline and statute, see the 51-jurisdiction table in the free deposit calculator.
Also for landlords: Do I need to send a 1099 to my contractor? (IRS rules for 2026 payments)
FAQ
How much can a landlord deduct from a security deposit in Ohio?
Ohio does not set a fixed dollar cap on deductions. Under Ohio Revised Code 5321.16(B), when the rental agreement ends the deposit may be applied to past due rent and to damages the landlord suffered because the tenant did not comply with R.C. 5321.05 (tenant obligations) or the rental agreement. Every 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.
How long does an Ohio landlord have to return the deposit?
Within 30 days after termination of the rental agreement and delivery of possession (R.C. 5321.16(B)). The written itemized notice of any deductions goes to the tenant together with the amount due.
Does the tenant have to give a forwarding address in Ohio?
Yes. R.C. 5321.16(B) says the tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due may be sent. If the tenant does not, the tenant is not entitled to damages or attorneys fees under R.C. 5321.16(C). The statute does not say the tenant loses the deposit balance itself.
What happens if an Ohio landlord does not comply?
If the landlord fails to comply with R.C. 5321.16(B), the tenant may recover the property and money due, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees (R.C. 5321.16(C)). In practice that can mean paying the wrongfully withheld amount twice, plus the tenant's attorney fees.
Do Ohio landlords have to pay interest on security deposits?
Sometimes. Under R.C. 5321.16(A), any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, bears interest on the excess at 5% per year if the tenant remains in possession six months or more. The interest is computed and paid annually by the landlord to the tenant. Example: rent $1,000 and deposit $2,000 means the excess is $1,000, so interest is $50 for the year.
Is there a cap on how much security deposit an Ohio landlord can charge?
R.C. Chapter 5321 does not set a maximum deposit amount. The practical limit is the interest rule: the part of the deposit above the greater of $50 or one month's rent earns 5% a year once the tenant has been in possession six months or more.
What counts as deductible damage in Ohio?
R.C. 5321.16(B) allows deductions for past due rent and damages from the tenant's noncompliance with R.C. 5321.05 or the rental agreement. R.C. 5321.05 includes duties such as keeping the premises safe and sanitary and not intentionally or negligently destroying, defacing, damaging or removing any fixture, appliance or other part of the premises. The statute has no wear-and-tear checklist; Ohio Legal Help, a statewide self-help site, says reasonable wear and tear may not be deducted. Keep invoices, receipts and dated photos.
Can the lease waive these rules?
No. R.C. 5321.13(A) says no provision of Chapter 5321 may be modified or waived by any oral or written agreement (except as allowed in division (F)). R.C. 5321.13(C) also says an agreement to pay the landlord's or tenant's attorney's fees is not recognized in a residential rental agreement.
Where do Ohio deposit disputes go?
Small claims divisions hear civil actions for money only up to $6,000, exclusive of interest and costs (R.C. 1925.02(A)(1)). Municipal courts generally hear cases up to $15,000 (R.C. 1901.17); that limit does not apply to a municipal court's housing or environmental division.
Is this legal advice?
No. This page is general information based on Ohio Revised Code 5321.01, 5321.05, 5321.13, 5321.16, 1901.17 and 1925.02 as published on codes.ohio.gov, plus Ohio Legal Help and Toledo Municipal Court Housing Division self-help pages, as of November 2026. Read the statute or talk to an Ohio attorney before you withhold money.
Sources
- Ohio Revised Code 5321.16, Procedures for security deposits (interest, 30-day itemized notice, forwarding address, damages and attorneys fees): codes.ohio.gov
- Ohio Revised Code 5321.01, Definitions (residential premises; security deposit): codes.ohio.gov
- Ohio Revised Code 5321.05, Tenant obligations: codes.ohio.gov
- Ohio Revised Code 5321.13, Waiver of rights and attorney-fee agreements: codes.ohio.gov
- Ohio Revised Code 1925.02, Small claims division jurisdiction ($6,000 exclusive of interest and costs): codes.ohio.gov
- Ohio Revised Code 1901.17, Municipal court monetary jurisdiction ($15,000): codes.ohio.gov
- Ohio Legal Help, How to get your security deposit back (statewide legal self-help)
- Toledo Municipal Court, Housing and Environmental Division, Security Deposits