SECURITY DEPOSIT ITEMIZATION LETTER
(Ohio – Residential Tenancy)
[// GUIDANCE: This template is drafted for use by Ohio residential landlords to comply with Ohio Rev. Code Ann. § 5321.16 governing the return and itemization of security deposits. Customize all bracketed text prior to release. Remove all guidance comments before sending to Tenant.]
I. DOCUMENT HEADER
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Parties
1.1 “Landlord”: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with a principal place of business at [ADDRESS].
1.2 “Tenant”: [TENANT FULL LEGAL NAME] whose last provided forwarding address is [TENANT FORWARDING ADDRESS]. -
Premises
2.1 Street Address: [RENTAL PROPERTY ADDRESS] (“Premises”).
2.2 Lease Commencement Date: [LEASE START DATE].
2.3 Lease Termination Date (“Termination Date”): [LEASE END DATE / MOVE-OUT DATE]. -
Security Deposit Information
3.1 Original Deposit Amount (“Security Deposit”): $[AMOUNT].
3.2 Deposit Received On: [DATE]. -
Effective Date of Letter
4.1 This Security Deposit Itemization Letter (“Letter”) is effective as of [DATE OF MAILING] (“Effective Date”) and is transmitted to Tenant via [USPS first-class mail / certified mail] to the forwarding address stated above pursuant to Ohio Rev. Code Ann. § 5321.16(B).
II. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
“Allowable Deductions” – Those items expressly permitted under Ohio Rev. Code Ann. § 5321.16(A) and/or the Lease to be applied against the Security Deposit, including (i) unpaid rent, (ii) charges for repairing damages to the Premises beyond ordinary wear and tear, and (iii) any other amounts specifically authorized under the Lease.
“Itemization Table” – The chart found in Section III.3 detailing all Allowable Deductions.
“Return Deadline” – Thirty (30) calendar days following the Termination Date, as mandated by Ohio Rev. Code Ann. § 5321.16(B).
III. OPERATIVE PROVISIONS
3.1 Statutory Compliance
Landlord issues this Letter, together with payment of any “Net Amount Refunded” identified in Section III.4, in full compliance with the Return Deadline and itemization requirements of Ohio Rev. Code Ann. § 5321.16.
3.2 Reservation of Rights
Nothing herein constitutes a waiver of any additional claims Landlord may possess against Tenant, nor does this Letter waive Tenant’s statutory rights or remedies.
3.3 Itemization Table
| # | Description of Allowable Deduction | Amount ($) | Supporting Detail / Invoice # | Statutory / Lease Basis |
|---|---|---|---|---|
| 1 | Unpaid Rent for [MONTH/YR] | [___] | [Ledger Attached] | § 5321.16(A)(1) / Lease §[__] |
| 2 | Carpet replacement—excessive pet damage | [___] | [Invoice #___ Attached] | § 5321.16(A)(2) / Lease §[__] |
| 3 | [ADD ROWS AS NEEDED] | |||
| Total Allowable Deductions | $[__] |
3.4 Net Calculation
Security Deposit Held: $[ORIGINAL DEPOSIT]
Less: Total Allowable Deductions: $[TOTAL DEDUCTIONS]
Net Amount Refunded: $[AMOUNT DUE TO TENANT]
[// GUIDANCE: If deductions exceed the deposit, state “Balance Due from Tenant” and specify due date.]
3.5 Payment Enclosed / Demand for Balance
a. If Net Amount Refunded is positive: Landlord encloses check #[CHECK #] in the amount of $[AMOUNT].
b. If Balance Due from Tenant: Tenant shall remit $[AMOUNT] to Landlord at the address above within ten (10) days of receipt of this Letter.
3.6 Supporting Documentation
True and correct copies of all invoices, receipts, ledgers, and photographic evidence substantiating the Allowable Deductions are attached as Exhibits A-[__].
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
a. All Allowable Deductions are actual, reasonable, and necessary;
b. The Itemization Table is complete and accurate to the best of Landlord’s knowledge; and
c. The enclosed payment (if any) accurately reflects the Net Amount Refunded.
4.2 No Other Warranties
Except as expressly set forth in Section IV.1, Landlord makes no additional warranties, express or implied.
V. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants
Tenant shall provide written notice to Landlord within fifteen (15) days of receipt of this Letter if Tenant disputes any deduction. Failure to provide timely notice shall constitute a waiver of such dispute except as otherwise provided by law.
5.2 Restriction on Set-Off
Tenant shall not set off any alleged claims against amounts demanded hereunder without Landlord’s prior written consent, except as permitted by Ohio law.
VI. DEFAULT & REMEDIES
6.1 Tenant Default
Failure by Tenant to remit any Balance Due within the time stated in Section 3.5(b) constitutes a default under the Lease. Landlord reserves all contractual and statutory remedies, including the recovery of costs, reasonable attorney fees, and interest at the lesser of (i) 10% per annum or (ii) the maximum rate permitted by law.
6.2 Landlord Default
If Landlord fails to comply with Ohio Rev. Code Ann. § 5321.16(B), Tenant may be entitled to damages equal to the amount wrongfully withheld plus reasonable attorney fees pursuant to § 5321.16(C).
VII. RISK ALLOCATION
[Not Applicable—Indemnification provisions and liability caps are not customary in statutory security-deposit correspondence. Landlord’s liability, if any, is governed exclusively by Ohio Rev. Code Ann. § 5321.16.]
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Letter and any related dispute shall be governed by the laws of the State of Ohio without regard to its conflict-of-laws principles.
8.2 Forum Selection
Any action arising out of or relating to this Letter shall be brought exclusively in the [COUNTY NAME] Municipal Housing Court (or other Ohio court of competent jurisdiction).
8.3 Arbitration
Arbitration is expressly excluded.
8.4 Jury Trial
Nothing herein shall be construed as a waiver of any constitutional right to trial by jury.
8.5 Injunctive Relief
The parties acknowledge that disputes regarding the Security Deposit are ordinarily redressable by monetary damages; injunctive relief is therefore disfavored absent extraordinary circumstances.
IX. GENERAL PROVISIONS
9.1 Entire Agreement
This Letter constitutes the entire written accounting required by Ohio Rev. Code Ann. § 5321.16 and supersedes any prior oral or written statements regarding the Security Deposit.
9.2 Amendments and Waivers
No amendment or waiver of any provision of this Letter shall be effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Severability
If any provision of this Letter is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Counterparts; Electronic Signatures
This Letter may be executed in counterparts and by facsimile, PDF, or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Landlord has executed and delivered this Security Deposit Itemization Letter as of the Effective Date.
[LANDLORD LEGAL NAME]
By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [POSITION]
Date: [DATE]
ACKNOWLEDGEMENT OF RECEIPT (Optional)
I, [TENANT NAME], hereby acknowledge receipt of this Security Deposit Itemization Letter and the enclosed payment (if any) on [DATE RECEIVED].
Tenant Signature: _________
[// GUIDANCE:
1. Enclose payment or demand letter consistent with Section 3.5.
2. Attach Exhibits substantiating each deduction.
3. Mail within the 30-day statutory window to Tenant’s last known forwarding address.
4. Retain proof of mailing and copies of all enclosures for a minimum of five (5) years.
]