(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord 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. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
Notes of Decisions
Cited in 127
cases (31 in the last 5 years), 1981–2026 · leading case: Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033.
Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. · cites it 47דR.C. 5321.16 sets forth the procedures, rights and obligations of landlords and tenants with respect to security deposits.”
Smith v. Padgett, 513 N.E.2d 737 (Ohio 1987). · cites it 24דAccordingly, the judgment of the court of appeals is reversed and the cause is remanded for further proceedings in accordance with our opinion.”
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. · cites it 45ד] The lower [c]ourt erred when it denied NorthSteppe['s] Motion for Summary Judgment and found NorthSteppe failed to comply with the statutory requirements for landlords under R.C. 5321.16. [2.] The lower [court] abused its discretion when it accepted Ms.”
Vardeman v. Llewellyn, 476 N.E.2d 1038 (Ohio 1985). · cites it 24דThis case presents the court with an opportunity to review the meaning and intent of one of these sections, R.C. 5321.16 and, more specifically, subsections (B) and (C) thereof.”
Christen v. Cont'l Ents., Ltd., 2020-Ohio-3665, 154 N.E.3d 1192. · cites it 19דBoth counts sought to recover the $925 security deposit, damages, and reasonable attorney fees under R.C. 5321.16. On July 6, 2017, Landlords filed an answer and counterclaim on July 6, 2017.”
Alcorso v. Correll, 2021-Ohio-3351. · cites it 16דLitigation Commences On December 26, 2017, Alcorso filed a complaint in the Rocky River Municipal Court, seeking the return of her $1,200 security deposit, double damages and attorney fees, pursuant to R.C. 5321.16. On May 31, 2019, Correll was granted leave to file a…”
Cruz v. English Nanny & Governess Sch., 2022-Ohio-3586, 207 N.E.3d 742. · cites it 11דThe Ninth District held that under R.C. 5321.16, the Kleins were entitled to costs that they incurred on appeal, including attorney fees, but the court concluded that only an appellate court could award such costs.”
Klein v. Moutz, 118 Ohio St. 3d 256 (2008). · cites it 19דWe determined that a conflict exists and ordered that the parties brief the following issue: {¶ 2} “Whether a trial court has the authority to tax costs under R.C. 5321.16 which were incurred at the appellate level.”
Klemas v. Flynn, 611 N.E.2d 810 (Ohio 1993). · cites it 18דIt follows that the damages referred to in R.C. 5321.16 are also punitive damages for purposes of R.”
Albreqt v. Chen, 477 N.E.2d 1150 (Ohio Ct. App. 6th Dist. 1983). · cites it 19דIn the absence of an affirmative showing, by way of itemization (see R.C. 5321.16[B]), that there was a specific need to clean the carpet, appellant’s unilateral deduction was improper.”
Christe v. GMS Mgmt. Co., 88 Ohio St. 3d 376 (2000). · cites it 12דFirst, our determination that attorney fees are costs, as opposed to damages, removes any bar that would prevent subsequent courts of appeals from independently awarding attorney fees for the tenant’s costs of having to continue to pursue or defend the action at the appellate…”
Christe v. GMS Mgmt. Co., 705 N.E.2d 691 (Ohio Ct. App. 9th Dist. 1997). · cites it 9ד16(B), four things must happen: (1) the rental agreement must be terminated, (2) the tenant must give written notice of where to send the security deposit, (3) the landlord must send a written itemization of charges that are properly deducted from the security deposit within…”
Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. “R.C. 5321.16 sets forth the procedures, rights and obligations of landlords and tenants with respect to security deposits.”
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. “] The lower [c]ourt erred when it denied NorthSteppe['s] Motion for Summary Judgment and found NorthSteppe failed to comply with the statutory requirements for landlords under R.C. 5321.16. [2.] The lower [court] abused its discretion when it accepted Ms.”
Smith v. Padgett, 513 N.E.2d 737 (Ohio 1987). “Accordingly, the judgment of the court of appeals is reversed and the cause is remanded for further proceedings in accordance with our opinion.”
Vardeman v. Llewellyn, 476 N.E.2d 1038 (Ohio 1985). “This case presents the court with an opportunity to review the meaning and intent of one of these sections, R.C. 5321.16 and, more specifically, subsections (B) and (C) thereof.”
Albreqt v. Chen, 477 N.E.2d 1150 (Ohio Ct. App. 6th Dist. 1983). “In the absence of an affirmative showing, by way of itemization (see R.C. 5321.16[B]), that there was a specific need to clean the carpet, appellant’s unilateral deduction was improper.”
Ohio Rev. Code § 5321.16(C): 73 cases
Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. “R.C. 5321.16 sets forth the procedures, rights and obligations of landlords and tenants with respect to security deposits.”
Smith v. Padgett, 513 N.E.2d 737 (Ohio 1987). “Accordingly, the judgment of the court of appeals is reversed and the cause is remanded for further proceedings in accordance with our opinion.”
Alcorso v. Correll, 2021-Ohio-3351. “Litigation Commences On December 26, 2017, Alcorso filed a complaint in the Rocky River Municipal Court, seeking the return of her $1,200 security deposit, double damages and attorney fees, pursuant to R.C. 5321.16. On May 31, 2019, Correll was granted leave to file a…”
Klein v. Moutz, 118 Ohio St. 3d 256 (2008). “We determined that a conflict exists and ordered that the parties brief the following issue: {¶ 2} “Whether a trial court has the authority to tax costs under R.C. 5321.16 which were incurred at the appellate level.”
Cruz v. English Nanny & Governess Sch., 2022-Ohio-3586, 207 N.E.3d 742. “The Ninth District held that under R.C. 5321.16, the Kleins were entitled to costs that they incurred on appeal, including attorney fees, but the court concluded that only an appellate court could award such costs.”
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