SECURITY DEPOSIT DEMAND LETTER
STATE OF OHIO
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Ohio law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages, interest, and attorney's fees.
I. OHIO LEGAL FRAMEWORK
A. Governing Law
Security deposits in Ohio are governed by Ohio Revised Code Section 5321.16.
B. Security Deposit Limits
Ohio law does not impose a statutory limit on security deposit amounts. However, unreasonable deposits may be challenged as unconscionable.
C. Return Deadline
Pursuant to O.R.C. Section 5321.16(B), a landlord must return the security deposit within thirty (30) days after:
1. Termination of the rental agreement; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Interest Requirements
Under O.R.C. Section 5321.16(A), if the security deposit exceeds $50 and the tenancy exceeds six months, the landlord must pay interest on the deposit at a rate of 5% per annum (or the current rate set by the Ohio Tax Commissioner). Interest must be paid annually and upon termination.
E. Permissible Deductions
Under O.R.C. Section 5321.16(B), a landlord may retain from the security deposit only amounts necessary for:
- Past due rent
- Damages to the premises caused by the tenant (excluding normal wear and tear)
- Other charges specified in the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions resulting from landlord's failure to maintain premises
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Ohio law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under O.R.C. Section 5321.16(B).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Failure to Pay Interest: You have failed to pay the required 5% annual interest on the security deposit as required by O.R.C. Section 5321.16(A).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Ohio law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest (5% per annum) | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under O.R.C. Section 5321.16(C), if a landlord fails to comply with the security deposit requirements in bad faith:
- The tenant may recover double the amount wrongfully withheld
- The tenant may recover reasonable attorney's fees
C. Interest Calculation
| Period | Principal | Rate | Interest Due |
|---|---|---|---|
| [DATE RANGE] | $[AMOUNT] | 5% | $[AMOUNT] |
| Total Interest | $[AMOUNT] |
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Double Damages (if bad faith) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit plus accrued interest: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Ohio Small Claims Court (for claims up to $6,000) or Municipal Court for return of the deposit, double damages, interest, attorney's fees, and costs.
-
Seek Double Damages: If your retention is found to be in bad faith, request double damages pursuant to O.R.C. Section 5321.16(C).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to O.R.C. Section 5321.16(C).
-
Report Violations: Report your conduct to:
- Ohio Attorney General - Consumer Protection Section
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[OHIO BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
OHIO SECURITY DEPOSIT QUICK REFERENCE
| Element | Ohio Requirement |
|---|---|
| Governing Statute | O.R.C. Section 5321.16 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | Yes (5% if deposit >$50 and tenancy >6 months) |
| Separate Account Required | No |
| Penalty for Violation | Double damages + attorney's fees (bad faith) |
| Attorney's Fees | Yes (bad faith) - O.R.C. Section 5321.16(C) |
| Small Claims Limit | $6,000 |
OHIO-SPECIFIC PRACTICE NOTES
[ ] Interest Requirement: Calculate interest at 5% per annum (or current rate set by Tax Commissioner) for deposits over $50 held for more than 6 months. Interest must be paid annually.
[ ] Bad Faith Standard: Double damages and attorney's fees require proving bad faith. Document all evidence of landlord's intentional wrongful withholding.
[ ] No Deposit Limit: Ohio has no statutory cap on security deposits, but courts may find excessive deposits unconscionable.
[ ] Itemized Statement: The landlord must provide an itemized list of deductions within 30 days. Failure to itemize may forfeit the right to retain any portion.
[ ] Small Claims Court: For claims up to $6,000, file in Ohio Small Claims Court. For larger amounts, file in Municipal Court.
[ ] Forwarding Address: Tenant should provide a forwarding address in writing. If tenant fails to provide address, landlord's obligation may be affected.
[ ] Local Ordinances: Some Ohio cities (Columbus, Cleveland, Cincinnati) may have additional tenant protection ordinances.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Ohio attorney before use.