Ohio security deposit rules (ORC 5321.16)
Ohio's security deposit rules are in one short statute, Ohio Revised Code 5321.16. It covers interest on large deposits, what you can deduct, the 30-day deadline for the itemized list, and what a tenant can win if a landlord gets it wrong.
This page summarizes the statute as published on codes.ohio.gov. The statute page shows it as effective November 4, 1974. Read the statute itself, and ask an Ohio attorney about a specific dispute.
What counts as a security deposit
ORC 5321.01(E) defines a security deposit as a deposit of money or property that secures the tenant's performance under a rental agreement. The same section defines "landlord" to include the owner, lessor or sublessor of residential premises, their agents, and anyone authorized to manage the premises or receive rent. So a property manager holding the deposit is covered the same way an owner is.
The rules at a glance
| Topic | What ORC 5321.16 says | Division |
|---|---|---|
| Interest | The part of the deposit above the greater of $50 or one month's periodic rent earns 5% per year, if the tenant stays 6 months or more; computed and paid annually | (A) |
| Allowed deductions | Past-due rent, and damages from the tenant's noncompliance with the statute or the rental agreement | (B) |
| Deadline | Itemized written notice and amount due within 30 days after the rental agreement ends and possession is delivered | (B) |
| Tenant's address | Tenant must give a written forwarding or new address | (B) |
| If the landlord does not comply | Tenant can recover the property and money due, damages equal to the amount wrongfully withheld, and reasonable attorney fees | (C) |
Interest on larger deposits
Most small-landlord deposits are around one month's rent, which means little or no interest is owed. The interest rule only bites on the excess. Here is an illustration, using made-up round numbers, of how the statute's formula works:
- Monthly rent is $1,000 and the deposit is $1,200.
- The greater of $50 or one month's rent is $1,000.
- The excess is $200, and five percent of $200 is $10 per year.
If the tenant stays six months or more, the landlord computes and pays that interest each year. The statute ties the interest to the tenant remaining in possession for six months or more. If you take a deposit above one month's rent, track the interest from day one so you are not doing the math at move-out.
Deductions and the 30-day itemized notice
When the rental agreement ends, a landlord may apply the deposit to unpaid rent and to damages caused by the tenant's failure to meet the statute's duties or the lease. Each deduction must appear in a written, itemized notice that also states the amount due to the tenant. The notice must be delivered within thirty days after the rental agreement ends and possession is delivered.
In practice that means:
- Record the date possession is delivered (keys returned, unit empty).
- Document the condition with dated photos and, if you have one, a move-in checklist.
- Write each deduction on its own line with an amount and a reason.
- Send the itemized list and any remaining balance within the thirty days, and keep proof of mailing or delivery.
The statute itself does not prescribe photos or checklists. They are practical ways to support an itemized list if a tenant disputes it.
The tenant's forwarding address
The landlord can only get the notice to the tenant if the landlord knows where to send it. The statute therefore puts a duty on the tenant: give the landlord a written forwarding or new address. A tenant who does not give one cannot recover damages or attorney fees under division (C). Ask for the forwarding address in writing at move-out, and put that request in your lease or move-out instructions.
What happens if a landlord does not follow the rules
Division (C) lets the tenant recover the property and money due, plus damages equal to the amount wrongfully withheld, plus reasonable attorney fees. In round numbers, if a landlord wrongfully withholds $800, the tenant may recover the $800 and an additional $800 in damages, plus fees. Attorney fees are what usually turn a small-claims dispute into a risk for a landlord, so a clean itemization is cheap insurance.
What this guide does not cover
I did not find, and so do not state, any statutory cap on deposit size, any rule about wear and tear, or any rule about where a landlord must hold the money. If a question turns on those, check the full statute and Chapter 5321 of the Ohio Revised Code or ask an Ohio attorney. If the tenant is being evicted, the deposit rules still apply after possession is delivered: see the eviction process and the 3-day notice guide.
Frequently asked questions
- How long does an Ohio landlord have to return a security deposit?
- ORC 5321.16(B) says that any deduction must be itemized in a written notice delivered to the tenant, together with the amount due, within thirty days after termination of the rental agreement and delivery of possession.
- Does a landlord have to pay interest on a security deposit?
- Sometimes. Under ORC 5321.16(A), the part of a deposit that is more than $50 or one month’s periodic rent, whichever is greater, earns interest at five percent per year if the tenant stays six months or more. The landlord computes and pays it annually.
- What can a landlord deduct from the deposit?
- ORC 5321.16(B) lets the landlord apply the deposit to past-due rent and to damages the landlord suffers because the tenant did not comply with the statute or the rental agreement. Each deduction has to be itemized in writing.
- What happens if the landlord keeps the deposit wrongly?
- Under ORC 5321.16(C), the tenant may recover the money owed, damages equal to the amount wrongfully withheld, and reasonable attorney fees. That is why the statute is often described as double damages plus fees.
- Does the tenant have to give a forwarding address?
- Yes. ORC 5321.16(B) says the tenant must give the landlord a written forwarding or new address. The statute says a tenant who does not cannot recover damages and attorney fees under division (C).
- Does this guide cover a cap on the deposit amount?
- No. The statute text I read does not set a maximum deposit, and this page does not state one. Check the lease and ask an attorney if you have a specific question.
Sources
Every figure and statute on this page came from these pages, fetched on October 15, 2026.
- Ohio Revised Code 5321.16: security deposits (codes.ohio.gov)
https://codes.ohio.gov/ohio-revised-code/section-5321.16 - Ohio Revised Code 5321.01: definitions (codes.ohio.gov)
https://codes.ohio.gov/ohio-revised-code/section-5321.01