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Security Deposit Return in Ohio

September 27, 2026 · LawDiver Research Team

The cap is No statewide cap. The return deadline is 30 days after termination of the rental agreement / surrender of possession, with an itemized list of deductions. Interest: Yes on the portion of a deposit exceeding one month’s rent when the tenancy is six months or longer — 5% interest typically applies to that excess. That is what separates Ohio getting a security deposit back from a generic national summary. Read Ohio Rev. Code § 5321.16 before the background sections below. Wrongful withholding can support damages of twice the amount wrongfully withheld plus attorney fees.

When the deposit must be returned

30 days after termination of the rental agreement / surrender of possession, with an itemized list of deductions

Interest and accounting

Yes on the portion of a deposit exceeding one month’s rent when the tenancy is six months or longer — 5% interest typically applies to that excess.

Penalties for wrongful withholding

Wrongful withholding can support damages of twice the amount wrongfully withheld plus attorney fees.

A concrete Ohio scenario

Here is one way the Ohio pieces fit together. Change any fact and the statute may point somewhere else.

A residential tenant moves out of a Ohio rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: No statewide cap.
Calendar the return deadline: 30 days after termination of the rental agreement / surrender of possession, with an itemized list of deductions
Interest, if any: Yes on the portion of a deposit exceeding one month’s rent when the tenancy is six months or longer — 5% interest typically applies to that excess.
If the landlord keeps money without the required accounting: Wrongful withholding can support damages of twice the amount wrongfully withheld plus attorney fees.

Ohio does not cap deposits statewide but requires interest on amounts above one month’s rent for longer tenancies and return with itemization within 30 days. Double damages apply for wrongful withholding. Municipal/county court handles many disputes.

Practical process for tenants and landlords

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in Ohio

Vardeman v. Llewellyn — Douglas, J., dissenting

Vardeman v. Llewellyn — Douglas, J., dissenting, 17 Ohio St. 3d 24 (1985)

…permits every landlord, so inclined, to withhold refund of security deposits, secure in the knowledge that this court has held that the clear mandates of the statute can be ignored with impunity. The majority properly sets forth the mandatory provisions of R.C. *305321.16(B) and points out that “[t]his itemization and identification of the deductions must be submitted in writi…

Ohio opinions such as Vardeman v. Llewellyn — Douglas, J., dissenting are cited where security deposits is disputed. The court stated: "The majority properly sets forth the mandatory provisions of R.C. *305321." That is the language to brief; the rest of the decision supplies the procedural posture.

Sherwin, Appellee, v. Cabana Club Apartments Et Al., Appellants

Sherwin, Appellee, v. Cabana Club Apartments Et Al., Appellants, 70 Ohio App. 2d 11 (1980)

…nth-to-month lease with appellant Cabana Club Apartments. A security deposit in the amount of $170 was given to appellant at the time appellee took possession of the premises. During appellee’s tenancy, appellant brought a forcible entry and detainer action in the Bedford Municipal Court pursuant to R. C. Chapter 1923. In June 1977, a writ of restitution was issued. Appellee, h…

Sherwin, Appellee, v. Cabana Club Apartments Et Al., Appellants is worth reading on Ohio security deposits because the court put the point in its own words: "Cabana Club Apartments. A security deposit in the amount of $170 was given to appellant at the time appellee took possession of the premises. During appellee’s tenancy, appellant brought a forcible entry and detainer action in the Bedford Municipal Court pursuant to R. C." Use that passage as the starting point, then read the facts that precede it.

Albreqt, Appellee, v. Chen, Appellant

Albreqt, Appellee, v. Chen, Appellant, 17 Ohio App. 3d 79 (1983)

…said lease commenced on July 15, 1981. Appellee provided a security deposit to appellant, the *80 landlord, in the amount of $285 when the lease was signed. On October 30, 1981, appellee notified appellant, both orally and in writing, of her intention to vacate said premises on December 1, 1981. On December 1, 1981, appellee vacated said premises and tendered the keys to appel…

Albreqt, Appellee, v. Chen, Appellant is worth reading on Ohio security deposits because the court put the point in its own words: "July 15, 1981. Appellee provided a security deposit to appellant, the *80 landlord, in the amount of $285 when the lease was signed. On October 30, 1981, appellee notified appellant, both orally and in writing, of her intention to vacate said premises on December 1, 1981." Use that passage as the starting point, then read the facts that precede it.

Sciascia Et Al., Appellees (Cross-Appellees), v. Riverpark Apartments, Appellant

Sciascia Et Al., Appellees (Cross-Appellees), v. Riverpark Apartments, Appellant, 3 Ohio App. 3d 164 (1981)

…rding plaintiffs damages for defendant’s retention of their security deposit. Plaintiffs, Lynette and George Sciascia, executed a written lease to rent an apartment from defendant, Riverpark Apartments, for a term of July 1,1978 to June 31, 1979 [sic]. Plaintiffs remained in possession after June 30, 1979, on a month-to-month tenancy. They paid defendant an initial security dep…

On security deposits, Sciascia Et Al., Appellees (Cross-Appellees), v. Riverpark Apartments, Appellant speaks to the Ohio dispute in this passage: "Plaintiffs, Lynette and George Sciascia, executed a written lease to rent an apartment from defendant, Riverpark Apartments, for a term of July 1,1978 to June 31, 1979 [sic]. Plaintiffs remained in possession after June 30, 1979, on a month-to-month tenancy." The surrounding opinion shows how the court applied that language to the record.

Oldendick v. Crocker

Oldendick v. Crocker, 2016 Ohio 5621 (2016)

…ain $1,720 that she had paid for the first month’s rent and security deposit following her anticipatory breach of an apartment lease. She further contends that she was entitled to recover double the amount of her security deposit as damages under R.C. 5321.16(C). For the reasons that follow, we reverse the trial court’s judgment and remand the matter for further proceedings. Fa…

Oldendick v. Crocker is worth reading on Ohio security deposits because the court put the point in its own words: "She further contends that she was entitled to recover double the amount of her security deposit as damages under R.C. 5321.16(C). For the reasons that follow, we reverse the trial court’s judgment and remand the matter for further proceedings." Use that passage as the starting point, then read the facts that precede it.

Prescott, Appellee, v. Makowski, Appellant

Prescott, Appellee, v. Makowski, Appellant, 9 Ohio App. 3d 155 (1983)

…small claims judgment, requiring him to repay his tenant’s security deposit. He argues that the trial court erred by overruling his objection to the report filed by the court’s referee. We find no merit in that contention, so we affirm. Plaintiff-tenant filed his “Statement of Claim” in the Small Claims Division of the Garfield Heights Municipal Court. In that pleading, he ass…

Practitioners open Prescott, Appellee, v. Makowski, Appellant when Ohio security deposits turns on the distinction in this sentence: "He argues that the trial court erred by overruling his objection to the report filed by the court’s referee. We find no merit in that contention, so we affirm. Plaintiff-tenant filed his “Statement of Claim” in the Small Claims Division of the Garfield Heights Municipal Court." Do not lift it out of the facts the court was deciding.

NOLAN, Appellee and Cross-Appellant, v. SUTTON, D.B.A. Jamco, Appellant and Cross-Appellee

NOLAN, Appellee and Cross-Appellant, v. SUTTON, D.B.A. Jamco, Appellant and Cross-Appellee, 97 Ohio App. 3d 616 (1994)

…ord”) for the alleged wrongful retention of $40 from a $460 security deposit. The record reflects that in January 1992, the tenant entered into a rental agreement with the landlord for an apartment located on Duncan Avenue in Cincinnati, Ohio. As provided by the terms of the agreement, the tenant paid $460 as a security deposit. By written notice dated September 29, 1992, the t…

NOLAN, Appellee and Cross-Appellant, v. SUTTON, D.B.A. Jamco, Appellant and Cross-Appellee is worth reading on Ohio security deposits because the court put the point in its own words: "The record reflects that in January 1992, the tenant entered into a rental agreement with the landlord for an apartment located on Duncan Avenue in Cincinnati, Ohio. As provided by the terms of the agreement, the tenant paid $460 as a security deposit." Use that passage as the starting point, then read the facts that precede it.

Key takeaways

Maximum deposit: No statewide cap
Return deadline: 30 days after termination of the rental agreement / surrender of possession, with an itemized list of deductions
Interest: Yes on the portion of a deposit exceeding one month’s rent when the tenancy is six months or longer — 5% interest typically applies to that excess.
Penalties: Wrongful withholding can support damages of twice the amount wrongfully withheld plus attorney fees.
Primary authority: Ohio Rev. Code § 5321.16.

Deposit limits in Ohio

No statewide cap

Frequently asked questions

How much can a landlord charge for a security deposit in Ohio?