Q. My landlord will not give me my security deposit back. What rights do I have?

A. The answer is that much depends upon the factual situation. If you provided your landlord with written notice of your forwarding address before you left your apartment, then you will be in a good position. Ohio Revised Code Section 5321.16 requires that landlords must return the security deposits of their tenants, minus proper deductions, within 30 days of the termination of the tenancy and the return of the apartment to the landlord if the landlord has received the tenant's forwarding address in writing. If the landlord violates this section by wrongfully keeping the deposit for more than thirty days, then the tenant is entitled to double damages and attorneys fees in a court of law.

If the tenant cannot show that he gave written notice of the forwarding address to the landlord, then the tenant is limited to recovering only the wrongfully withheld portion of the deposit. No double damages, no attorney fees. Much depends upon the steps you take when you move out. Can you prove that your landlord got notice in writing of your forwarding address? Do you have any proof that you left the apartment in good condition? Think about these issues before you move out. The move out checklist for sale in another part of this website will take you through all of the steps necessary to put yourself in the best possible position to get back your deposit, as well as double damages and attorney fees.

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Disclaimer: The information provided on ohiolandlordtenant.com is not intended to be legal advice, but general information related to legal issues commonly encountered. The law in your state may be different from that discussed here. The facts in your case may be different too.

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