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Oklahoma security deposit law
Checked against the Oklahoma statutes on October 1, 2026 General information, not legal advice
Key numbers
- Deposit return
- 45 days
- After the tenancy ends, possession is delivered and the tenant demands it in writing
- 41 O.S. § 115(B)
Security deposit limit
Not set by statuteOklahoma does not cap the amount of a security deposit. A deposit is any money or property you require as security that is to be returned at the end of the rental agreement, less deductions the Act allows.
41 O.S. § 115 41 O.S. § 102
- Whatever amount you take must be held in an escrow account for the tenant at a federally insured financial institution in Oklahoma. 41 O.S. § 115(A) See Deposit account and interest on the Oklahoma page
- Unless the lease says otherwise, the tenant may not use the deposit as the last month's rent or in place of any rent payment. 41 O.S. § 115(F)
The Rentari Oklahoma lease states the deposit amount and says Oklahoma does not cap it.
Deposit return
Return the deposit balance, without interest, within 45 days after the tenancy ends, the tenant delivers possession and the tenant makes a written demand for it. The 45 days do not start until all three have happened.
- You may apply the deposit to accrued rent and to damages caused by the tenant's noncompliance with the Act or the lease, itemized in a written statement. 41 O.S. § 115(B)
- Deliver the itemized statement by mail, return receipt requested, signed for by a person of statutory service age at the address, or in person to the tenant if the tenant can reasonably be found. 41 O.S. § 115(B)
- If the tenant makes no written demand within six months after the tenancy ends, the deposit reverts to you and the tenant's interest in it ends. 41 O.S. § 115(B)
- If you do not comply with the deposit section, the tenant may recover the deposit and any prepaid rent owed. Either side may still recover other damages the Act allows. 41 O.S. § 115(E) 41 O.S. § 115(G)
- When your interest in the property ends, for example by sale, transfer the deposits to the new owner and tell the tenants in writing the new owner's name and address, or return the deposits to the tenants. 41 O.S. § 115(C)
The lease says the balance, itemized in a written statement delivered in person or by return-receipt mail, comes back without interest within 45 days after termination, delivery of possession and the tenant's written demand, and that it reverts to you if no demand comes within six months.
Deposit account and interest
Keep every damage or security deposit in an escrow account for the tenant at a federally insured financial institution in Oklahoma. The balance is returned without interest.
- Misappropriating a security deposit is a crime punishable by up to six months in county jail and a fine of up to twice the amount taken from the escrow account. 41 O.S. § 115(A)
- The Act does not require you to pay the tenant interest on the deposit. 41 O.S. § 115(B)
The lease says you keep the deposit in an escrow account for the tenant at a federally insured financial institution in Oklahoma and return the balance without interest.
Move-in condition
Not set by statuteThe Act does not require a move-in inspection, checklist or condition report. At the start of the term you must deliver full possession of a unit that meets your repair and habitability duties.
- Your duty to put and keep the unit fit and habitable applies from the start of the tenancy. 41 O.S. § 118(A) See Repairs and habitability on the Oklahoma page
- If you fail to deliver possession, rent abates until you do, and the tenant may end the lease and get back prepaid rent and the deposit, or demand possession and sue for actual damages. 41 O.S. § 120(A)
The lease has the tenant accept the unit as documented in any move-in condition report and report pre-existing damage in writing within seven days of move-in.
Questions
Is there a limit on security deposits in Oklahoma?
No. The Act sets no maximum. It does require you to keep the deposit in an escrow account at a federally insured financial institution in Oklahoma.
When do I have to return the deposit?
Within 45 days after the tenancy ends, the tenant delivers possession and the tenant makes a written demand. Return the balance without interest, with a written itemized statement of any rent or damages you kept. If no written demand comes within six months after the tenancy ends, the deposit reverts to you.
What happens if I do not follow the deposit rules?
The tenant may recover the deposit and any prepaid rent owed. Misappropriating a deposit is also a crime punishable by up to six months in jail and a fine of up to twice the amount taken.