Oklahoma § 41-115 - Damage or security deposits

§ 41-115. Damage or security deposits

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. Misappropriation of the

security deposit shall be unlawful and punishable by a term in a

county jail not to exceed six (6) months and by a fine in an amount

not to exceed twice the amount misappropriated from the escrow

account.

B. Upon termination of the tenancy, any security deposit held

by the landlord may be applied to the payment of accrued rent and

the amount of damages which the landlord has suffered by reason of

the tenant's noncompliance with this act and the rental agreement,

all as itemized by the landlord in a written statement delivered by

mail to be by return receipt requested and to be signed for by any

person of statutory service age at such address or in person to the

tenant if he can reasonably be found. If the landlord proposes to

retain any portion of the security deposit for rent, damages or

other legally allowable charges under the provisions of this act or

the rental agreement, the landlord shall return the balance of the

security deposit without interest to the tenant within forty-five

(45) days after the termination of tenancy, delivery of possession

and written demand by the tenant. If the tenant does not make such

written demand of such deposit within six (6) months after

termination of the tenancy, the deposit reverts to the landlord in

consideration of the costs and burden of maintaining the escrow

account, and the interest of the tenant in that deposit terminates

at that time.

C. Upon cessation of a landlord's interest in the dwelling unit

including, but not limited to, termination of interest by sale,

assignment, death, bankruptcy, appointment of receiver or otherwise,

the person in possession of the tenants' damage or security deposits

at his option or pursuant to court order shall, within a reasonable

time:

Oklahoma Statutes - Title 41. Landlord and Tenant

1. Transfer said deposits to the landlord's successor in

interest and notify the tenants in writing of such transfer and of

the transferee's name and address; or

2. Return the deposits to the tenants.

D. Upon receipt of the transferred deposits under paragraph 1

of subsection C of this section, the transferee, in relation to such

deposits, shall have all the rights and obligations of a landlord

holding such deposits under this act.

E. If a landlord or manager fails to comply with this section

or fails to return any prepaid rent required to be paid to a tenant

under this act, the tenant may recover the damage and security

deposit and prepaid rent, if any.

F. Except as otherwise provided by the rental agreement, a

tenant shall not apply or deduct any portion of the security deposit

from the last month's rent or use or apply such tenant's security

deposit at any time in lieu of payment of rent.

G. This section does not preclude the landlord or tenant from

recovering other damages to which he may be entitled under this act.

Added by Laws 1978, c. 257, § 15, eff. Oct. 1, 1978. Amended by

Laws 1980, c. 168, § 2, eff. Oct. 1, 1980; Laws 1981, c. 125, § 1;

Laws 2015, c. 94, § 1, eff. Nov. 1, 2015.