Klemas v. Flynn

The issue presented by this certified appeal is whether the double damages for wrongful withholding of security deposits, which may be recovered under R.C. 5321.16(C), are punitive damages and therefore may not be awarded by small claims divisions of municipal and county courts pursuant to R.C. 1925.02(A)(2). For the reasons stated below we determine that double damages may be recovered under R.C. 5321.16(C) in actions brought in small claims courts.

R.C. 5321.16(C) provides in relevant part:

“If the landlord fails to comply with division (B) of this section, the tenant may recover the property…