What You Can Deduct From a Security Deposit in Ohio (and How to Document It)
Landlords in Ohio must inspect properties within 30 days of a tenant’s move-out and document any damage or wear and tear to justify deductions from security deposits. This guide will help you understand your legal obligations under Ohio law and ensure that all deductions are properly documented.
Permitting, Zoning, or Statutory Basis
Under Ohio law, landlords are governed by the Ohio Revised Code (ORC), specifically ORC § 1923.04, which outlines the requirements for landlords to inspect properties and deduct from security deposits based on damage or wear and tear. Additionally, ORC § 1923.05 provides guidelines for the return of security deposits.
Lease Clauses, Notice Periods, and Timing Requirements
To legally deduct from a security deposit in Ohio, landlords must follow specific procedures. The lease agreement should include a clause that outlines the conditions under which deductions can be made, such as damage beyond normal wear and tear. Landlords must also provide tenants with a 30-day notice before inspecting the property and deducting from the security deposit.
Defensible Record-Keeping & Compliance Checklist
To ensure that deductions from security deposits are legally justified and defensible, landlords must maintain thorough records of the property’s condition at move-in and move-out. Here is a checklist to help you comply with Ohio law:
- Move-In Inspection: Conduct a thorough inspection of the property and document all visible damage or wear and tear. Take photos or create a written description.
- Move-Out Inspection: Repeat the move-in inspection when the tenant moves out. Document any new damage or wear and tear.
- Comparison: Compare the move-in and move-out inspections to identify what damage is normal wear and tear and what is beyond that.
- Notice: Provide the tenant with a 30-day notice before inspecting the property and deducting from the security deposit.
- Deduction Justification: Clearly state in writing what deductions are being made and justify them based on the comparison of move-in and move-out inspections.
- Return of Deposit: If no deductions are made, return the full security deposit within 30 days. If deductions are made, return the remaining balance within 30 days.
Conclusion
By following these guidelines and maintaining thorough records, landlords in Ohio can legally deduct from security deposits based on damage or wear and tear. This ensures that all deductions are justified and defensible, protecting both landlords and tenants from disputes over security deposit returns.