How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Ohio, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Ohio imposes no statewide statutory cap on security deposits. The interest provision (§5321.16(A)) applies only to the excess above $50 or one month's rent, whichever is greater, but does not cap the deposit itself.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Ohio |
|---|---|
| Past due rent | Permitted, if substantiated |
| Damages the landlord suffered from the tenant's noncompliance with § 5321.05 or the rental agreement | Permitted, if substantiated |
| Charges itemized and identified in the written notice | Permitted, if substantiated |
| Claimed deduction | Permitted in Ohio |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any deduction not itemized and identified in the written notice | Not permitted |
| Deductions taken without delivering the written notice within 30 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
In a dispute over deductions, the landlord must itemize and justify each deduction and show the damage exceeds ordinary wear and tear. Ohio does not permit deductions for ordinary wear and tear; the landlord must identify each charge in the written notice.
In Ohio the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Ohio Rev. Code § 5321.16(B) ↗
A landlord who withholds in bad faith may be liable for 1x the portion wrongfully withheld.
Ohio awards damages "equal to the amount wrongfully withheld" — a 1x (equal-amount) recovery, NOT a 2x or 3x multiplier. Note the basis is the amount wrongfully withheld, not the full deposit. The tenant must also have provided a written forwarding address: division (B) expressly says a tenant who fails to do so "shall not be entitled to damages or attorneys fees under division (C)."
Ohio Rev. Code § 5321.16(C) ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees are recoverable under division (C), but only if the tenant provided a written forwarding address (division (B) bars the fee otherwise).
Ohio Rev. Code § 5321.16(C) ↗No statutory penalty beyond returning the deposit.
No flat penalty or multiplier beyond the 1x wrongfully-withheld amount. Division (A) separately requires 5% annual interest on the excess above $50 or one month's rent (whichever is greater) when the deposit is held 6 months or more, but that is an interest duty, not a penalty.
Ohio Rev. Code § 5321.16(A) ↗Ohio is unusual in mandating interest: any deposit amount above $50 or one month's rent (whichever is greater) earns 5% per year if you stayed 6 months or more. Many tenants never collect this. If your deposit exceeded that threshold and you held the unit 6+ months, the landlord owes you accrued interest.
Ohio Rev. Code § 5321.16(A) ↗A written-lease deposit claim is an action on a written contract, subject to a 6-year limitations period under § 2305.06 — shortened from 8 years effective September 23, 2026 (Senate Bill 219). Independently, the return obligation is a statutory liability subject to 6 years under § 2305.07(B). Older guides that say "8 years" are now outdated.
Ohio Rev. Code § 2305.06; § 2305.07(B) ↗““Cleaning fee $400.””
Ohio requires each deduction to be itemized and identified in a written notice delivered with the amount due within 30 days. A blanket figure is not an itemization. Provide the specific cleaning performed and the basis for the charge.
Ohio Rev. Code § 5321.16(B)
““You never gave me a forwarding address, so I owe nothing.””
A missing forwarding address only forfeits the (C) penalty and attorney fees — it does not extinguish the deposit principal. The landlord must still return the deposit and any itemized balance; they just escape the extra 1x wrongfully-withheld amount.
Ohio Rev. Code § 5321.16(B), (C)
““You owe damage beyond wear and tear.””
The landlord must identify and itemize the specific damage in the written notice and show it exceeds ordinary wear and tear. Ohio does not permit a deduction for ordinary wear and tear.
Ohio Rev. Code § 5321.16(B)
Some widely circulated summaries of Ohio deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Older guides and pre-2026 summaries | 8 years |
| Ohio Rev. Code § 2305.06 (eff. 2026-09-23) | 6 years |
What we follow: 6 years (Senate Bill 219 shortened the written-contract period from 8 to 6 years, effective 2026-09-23)
The official code currently shows the 6-year text with "Effective: September 23, 2026", which has now taken effect. Any source still citing 8 years predates this amendment.
| Source | What it says |
|---|---|
| Some generic checklists | 2x the deposit |
| Statute text Ohio Rev. Code § 5321.16(C) | damages equal to the amount wrongfully withheld (1x) |
What we follow: 1x the amount wrongfully withheld, plus reasonable attorney fees
The statute says "damages in an amount equal to the amount wrongfully withheld" — an equal-amount recovery, not a multiplier. Ohio has no 2x or 3x penalty.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Ohio Rev. Code § 5321.16(B) | 2026-10-15 | official text ↗ |
| Ohio Rev. Code § 5321.16(C) | 2026-10-15 | official text ↗ |
| Ohio Rev. Code § 5321.16(A) | 2026-10-15 | official text ↗ |
| Ohio Rev. Code § 2305.06; § 2305.07(B) | 2026-10-15 | official text ↗ |
Primary reference: Ohio Rev. Code § 5321.16. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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The statute does not permit deductions for: ordinary wear and tear; any deduction not itemized and identified in the written notice; deductions taken without delivering the written notice within 30 days.
The landlord. In a dispute over deductions, the landlord must itemize and justify each deduction and show the damage exceeds ordinary wear and tear. Ohio does not permit deductions for ordinary wear and tear; the landlord must identify each charge in the written notice.
Ohio imposes no statewide statutory cap on security deposits. The interest provision (§5321.16(A)) applies only to the excess above $50 or one month's rent, whichever is greater, but does not cap the deposit itself.
No. Ordinary wear and tear