Landlord Failing to Return a Security Deposit After Move-Out
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 16, 2026
Legal Inquiry
Consumer Legal Issue
30 days after move out Landord failed to provide deposit of invoice.
Did not have an address to live I provided email for invoice yes.
Attorney Answer
Your landlord's 30-day deadline to return your deposit or send an itemized deduction list has already passed, and Ohio law entitles you to damages equal to the wrongfully withheld amount plus reasonable attorney's fees — not just "possible legal action."
Ohio Revised Code § 5321.16 requires a landlord to return a tenant's security deposit or deliver a written itemized list of deductions within 30 days after the rental agreement ends and possession is returned. A landlord who wrongfully withholds any portion is liable to a tenant who provided a written forwarding address for the withheld amount, an equal amount in damages, and reasonable attorney's fees.
Whether emailing an address instead of giving a mailing address satisfies your forwarding-address duty under the statute is fact-specific — it may or may not count as adequate notice, depending on how it was communicated and whether the landlord could actually use it.
What you can do:
1. Send a dated, written demand letter citing the 30-day rule and stating that continued nonpayment exposes the landlord to double damages plus attorney's fees.
2. Give a short response deadline in that letter, such as 7-10 days.
3. Have a local attorney review your case promptly to confirm the exact deadline that applies to your situation under Ohio Revised Code § 5321.16, since the forwarding-address question may affect your damages claim.
4. If there's no response, file in small claims court, citing Ohio Revised Code § 5321.16 in both the demand letter and the filing.
⏱ Time limits apply.
Relevant Case Law
Clarke v. Royal, 2021 Ohio 2005 (2021) — Ohio Court of Appeals
rendered a final judgment for Ms. Royal in the amount of $2,100 (double the $950 security deposit, plus the $200) plus $5,415 in attorney fees
It shows an Ohio court awarding exactly the remedy the answer describes — the deposit doubled plus attorney's fees — over the landlord's forwarding-address objection.
Read the full opinion (CourtListener)
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Frequently Asked Questions
How long does a landlord have to return a security deposit after move-out?
In many states, landlords must return a deposit or provide an itemized list of deductions within a set period, often around 30 days, after the tenant moves out and returns possession.
What happens if a landlord misses the deposit deadline?
A landlord who wrongfully withholds a deposit past the deadline may be liable for the amount withheld plus additional damages and, in some states, attorney's fees.
Does providing an email address count as a valid forwarding address for a deposit refund?
This can be fact-specific — whether an email address satisfies a forwarding-address requirement generally depends on how it was communicated and whether the landlord could reasonably use it, so a local attorney can help confirm.
