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Oklahoma SECURITY DEPOSITS
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As a
landlord, you may require a security deposit for damages occurring during
the lease term. You must keep the deposit in an escrow account in a
federally insured institution in the State of Oklahoma.
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 thirty (30) 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.
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LIMITS:
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State laws place no limit
on the amount landlords can charge for security
deposits. When you give the landlord a deposit,
be sure to get AND keep the receipt EVEN if you give
the landlord a check or money order. The amount you
give should also be on the lease. Verify the correct
is on the lease.
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INTEREST ON SECURITY DEPOSIT
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Not required.
However, some cities
may have enacted their own laws with respect to
this.
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RETURN OF THE SECURITY DEPOSIT
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After the lease has ended,
if the tenant
makes written demand within six months, you are required to refund the
unused portion of the deposit within 30 days.
Any deductions for damages
(see difference of damages
and normal wear and tear) or unpaid rent must be itemized in a written statement, delivered to the
tenant in person or by mail with return receipt requested.
If the tenant
does not make written demand for the deposit within six months after the
lease is ended, you may keep the deposit.
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FAILURE TO RETURN THE SECURITY DEPOSIT
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Notify the landlord, in writing, of their failure to
return the deposit.
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Misappropriation
of the Tenant Security Deposit fund is a misdemeanor.
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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.
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Landlord
Tenant Disputes are typically settled in the
Oklahoma Small Claims Court System. (Under $2,500)
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