Oklahoma Security Deposit Deductions
In Oklahoma, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 45 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Oklahoma record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Okla. Stat. tit. 41, § 115). (Okla. Stat. tit. 41, § 115) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Okla. Stat. tit. 41, § 115). (Okla. Stat. tit. 41, § 115) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Okla. Stat. tit. 41, § 115). (Okla. Stat. tit. 41, § 115) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Okla. Stat. tit. 41, § 115). (Okla. Stat. tit. 41, § 115) |
| Pet damage | Yes | Tenant must not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person, animal or pet to do so. That noncompliance is a statutory basis for a § 115 damage deduction. (41 O.S. § 127(5); 41 O.S. § 115(B)) |
| Unpaid rent and fees | Yes | Upon termination, the deposit may be applied to the payment of accrued rent and the amount of damages from the tenant’s noncompliance with this act and the rental agreement, all as itemized by the landlord. (41 O.S. § 115(B)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 45 days |
| Receipts required | No |
| Rule | Deductions must be itemized in a written statement delivered by mail, return receipt requested, or in person if the tenant can reasonably be found. If the landlord proposes to retain any portion, the balance must be returned without interest within 45 days after termination of tenancy, delivery of possession, AND written demand by the tenant. If the tenant does not make written demand within six months after termination, the deposit reverts to the landlord. Receipts are not required. |
| Citation | 41 O.S. § 115(B) |
Burden of proof
The supplied Oklahoma record does not include a statutory sentence that assigns the burden of proof for a deduction.
Statute says
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
What this means
Source accessed: .
If it was deducted anyway
Use the Oklahoma demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Oklahoma template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Oklahoma law (Okla. Stat. tit. 41, § 115), a landlord must return the deposit or send a written, itemized list of deductions within 45 calendar days after termination of tenancy, delivery of possession, and written demand by the tenant.
FAQ
What security deposit deductions are allowed in Oklahoma?
Only the uses in the supplied Oklahoma record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Oklahoma landlord have to itemize deductions?
Yes. Deductions must be itemized in a written statement delivered by mail, return receipt requested, or in person if the tenant can reasonably be found. If the landlord proposes to retain any portion, the balance must be returned without interest within 45 days after termination of tenancy, delivery of possession, AND written demand by the tenant. If the tenant does not make written demand within six months after termination, the deposit reverts to the landlord. Receipts are not required.
Who has the burden of proof for a Oklahoma deduction?
The supplied Oklahoma record does not include a statutory sentence that assigns the burden of proof for a deduction.