Okla. Stat. tit. 41 § 115

Damage or Security Deposits

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 11/1/2015OklahomaHolding & Interest Requirements

Operative Text

Okla. Stat. tit. 41 § 115
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:
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.
Source: Legislative text reproduced verbatim
Plain English

Oklahoma law under 41 O.S. § 115 requires landlords to hold any damage or security deposit in an escrow account at a federally insured financial institution located in Oklahoma — the funds cannot simply be commingled with the landlord's general accounts. When a tenancy ends, the landlord may apply the deposit toward unpaid rent or documented damages, but must return any remaining balance within 45 days of tenancy termination, possession delivery, and the tenant's written demand, along with an itemized written statement sent by certified mail. Misappropriating deposit funds is a criminal offense under this section, punishable by up to six months in county jail and a fine of up to twice the amount misappropriated; tenants who do not make a written demand within six months of tenancy termination forfeit their interest in the deposit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under 41 O.S. § 115, compliant landlords maintain all collected security and damage deposits in a dedicated escrow account at a federally insured Oklahoma financial institution, keeping those funds separate from operating accounts at all times. When a tenancy ends, operators document any deductions for unpaid rent or damages in an itemized written statement delivered by certified mail with return receipt requested, and return any remaining balance within the 45-day window triggered by termination, possession, and the tenant's written demand. When ownership or management of a property changes hands, the person holding the deposits either transfers them to the successor and notifies tenants in writing of the new holder's name and address, or returns the deposits directly to tenants within a reasonable time.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

41 O.S. § 115 gives Oklahoma tenants the right to have their security deposit held in a protected escrow account and to receive an itemized accounting of any deductions when the tenancy ends. To trigger the 45-day return deadline, a tenant generally submits a written demand for the deposit after vacating and surrendering possession; if a landlord fails to comply with this section, the tenant may pursue recovery of the deposit, any prepaid rent, and potentially other damages under the act. Tenants who believe their deposit has been mishandled can explore options such as filing a complaint with a local court, contacting a tenant-rights organization, or consulting an attorney familiar with Oklahoma landlord-tenant law — but should be aware that the right to demand the deposit expires six months after the tenancy ends.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Nov 1, 2015
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

41 O.S. § 132
41 O.S. § 115
41 O.S. § 121
41 O.S. § 116
41 O.S. § 126
41 O.S. § 116
41 O.S. § 132
41 O.S. § 118
41 O.S. § 118
41 O.S. § 126
41 O.S. § 127
41 O.S. § 111

Related Rules

§ 5-12-080
Security deposits
§ 13.76.070
Security deposits
§ 151.06.02
PAYMENT OF INTEREST ON SECURITY DEPOSITS

Source Information

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