Oklahoma Statewide Rule
Oklahoma Security Deposit Law: No Cap, 45-Day Return After Demand
Key Facts
- Deposit cap
- No statutory cap (Okla. Stat. tit. 41 § 115)
- Return deadline
- 45 days after termination, delivery of possession, and written demand
- Itemized statement
- Required in writing if any amount is withheld
- Statute
- Okla. Stat. tit. 41 § 115
- Penalty
- Recovery of deposit/prepaid rent; misappropriation up to 6 months jail and fine up to twice the amount taken
Summary
Oklahoma sets no statutory dollar limit on a residential security deposit, but Okla. Stat. tit. 41 § 115 requires the landlord to keep it in an escrow account. After the tenancy ends and the tenant makes a written demand, the landlord must return the balance, with itemized deductions, within 45 days.
A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution.
Full Breakdown
Under Okla. Stat. tit. 41 § 115, any security deposit "must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution." The statute fixes no maximum deposit amount. Upon termination, the landlord may apply the deposit to accrued rent and damages, itemized in a written statement delivered to the tenant by certified mail (return receipt requested) or in person. The landlord must return any balance, without interest, "within forty-five (45) days after the termination of tenancy, delivery of possession and written demand by the tenant." The tenant must make that written demand within six months of termination, or the deposit reverts to the landlord. Ordinary wear and tear is not a chargeable deduction.
Violations & Penalties
If the landlord fails to comply, the tenant may recover the security deposit and any prepaid rent under Okla. Stat. tit. 41 § 115. Misappropriation of the deposit is unlawful, punishable by up to six months in county jail and a fine of up to twice the amount misappropriated, in addition to other damages allowed under the Act.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Oklahoma?
How long does a landlord have to return a security deposit in Oklahoma?
What can a landlord deduct from a security deposit in Oklahoma?
Sources
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