It is not a Security Deposit subject to the Landlord Tenant Law if it is a Redecorating Fee, Pet Fee or cost of Bond in lieu of a Security Deposit

According to the Ohio Court of Appeals, Tenth Appellate District in the case, Kopp v. Associated Estates Realty Corp, decided April 15, 2010, a nonrefundable redecorating fee, pet fee, and the requirement to pay for a bond in lieu of a security deposit, are not Security Deposits subject to itemization by the Landlord and return pursuant to R.C. 5321.16 of Ohio's Landlord Tenant Act. The Plaintiff tenants terminated their lease and sued for the return of these fees including the amount paid for the bond, arguing that they were security deposits, thus requiring the Landlord to itemize and account to the Tenants in accordance with the Landlord Tenant Act. The Tenants' argument could have subjected the Landlord to damages and attorney fees if successful. However, the trial court granted summary judgment for the Landlord, which was affirmed by the appellate court, closing the door to this argument to tenants and opening the door for landlords to draft their way out of the Security Deposit pitfalls of the Landlord Tenant Act.