If you have questions or concerns about Ohio Landlord Tenant Law you can call Andrew J. Ruzicho at 614.447.2365 or you can call Eric E. Willison at 614.580.4316.
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This video examines what a landlord can properly deduct from a security deposit without incurring liability through Ohio Revised Code Section 5321.16 for double damages and attorneys fees. The general rule is that the landlord cannot deduct for anything not a breach of Ohio Revised Code Section 5321.05 or for reasonable wear and tear.
The landlord can safely deduct for unpaid rent or for unpaid utilities. However, when looking at physical damages to the premises, reasonable wear and tear items may not be deducted. Different courts are going to see reasonable wear and tear differently across differing factual situations. A college rental unit may have different wear and tear expectations than a small unit in a quiet neighborhood. Another factor to consider with reasonable wear and tear is the duration of the lease. The longer the stay at the apartment, the more the court is going to be likely to find that damage is reasonable wear and tear.
It is important to note that R.C. 5321.16 allowing the tenant to sue for double damages and attorneys fees if the tenant can show that the landlord wrongfully withheld a portion of the deposit after getting written notice of the tenant's forwarding address does not impose a scienter requirement upon the landlord. In other words, the tenant does not have to show that the landlord was trying to pull a fast one with his or her improper deductions. The error could be made in good faith and by mistake. It does not matter. The court will still double the wrongfully withheld damages and hold a hearing on attorneys fees if the landlord makes a deduction that later turns out to be improper.
So the thing to remember is to be conservative in making deductions. Make sure that you have evidence of actual damages and what was actually paid out to the repair people, Make sure you deduct from your deduction to reflect the life expectancy of the item replaced (like when replacing old carpet) and make sure that you have before and after pictures of the rented premises to show the judge so he or she knows that you are not exaggerating.
