ORC 5321.16(B):
Obligates the landlord to return the security
deposit and/or a written itemization of any deductions from the
security deposit, within thirty (30) days of the tenant
terminating the rental agreement and moving out.
ORC 5321.16(B) also states that:
The tenant shall provide the landlord written
notice of the address to which the security deposit is to be
sent. If the landlord does not return the security deposit
within 30 days, or the tenant disagrees with the amount returned,
the tenant may sue for double the amount wrongfully withheld AND
reasonable attorney's fees.
The landlord may deduct from the security deposit for any damages beyond normal wear and tear. Damages include rents owed as well as physical damage to the property. In the event that the landlord has returned a portion of the security deposit to the tenant, the tenant may lose his/her right to sue for the remainder if he/she cashes the check or otherwise acts in a manner that may be deemed as "accepting" the offer of the returned security deposit. If you need to cash the check and feel the landlord has wrongfully withheld money, you could write on the back of the check below your signature, "This signature does not indicate acceptance of payment in full."
If the landlord refuses to return the amount the tenant feels is wrongfully withheld, the tenant's only recourse may be to file suit. If the amount owed is less than one thousand dollars ($1,000), the tenant can sue without a lawyer in Small Claims Court.
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