In Ohio, a landlord may not legally withhold a security deposit for damages caused by normal wear and tear, as defined under state law. Normal wear and tear refers to the gradual deterioration of the property that results from everyday use, and is distinct from damage caused by negligence, abuse, or misuse of the property by the tenant or their guests.
Under Ohio law, a landlord is required to return the full amount of the tenant's security deposit, minus any deductions for unpaid rent, damages beyond normal wear and tear, or other agreed-upon fees, within 30 days of the tenant's move-out date. The landlord must provide the tenant with a written itemization of any deductions from the security deposit, along with receipts or invoices for the costs associated with those deductions.
However, there are some potential limitations and exceptions to this rule. For example, if the tenant caused damage to the property that exceeds the amount of the security deposit, the landlord may pursue additional legal action to recover those damages. Additionally, the landlord may be entitled to withhold a portion of the security deposit for unpaid rent or other fees owed by the tenant.
If a tenant believes that their security deposit has been wrongfully withheld, they may wish to consult with a licensed attorney to discuss their options for seeking legal relief, such as filing a claim in small claims court or pursuing other legal action.
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