Legal Question in Landlord & Tenant Law in Oklahoma

Getting a security deposit back

Two weeks ago, I put down a $200 security deposit for an apartment. The landlord could not immediately tell me when I could move in, so I did not sign a lease. In the meantime, I was offered a lower rent by my current landlord, which I accepted. I asked the apartment manager for the deposit in person today, but they told me they could not refund it since they had lost income from taking the apartment off the market for me. Do I have any legal right to recover my security deposit since I never signed a rental agreement with the new apartment and never moved in?


Asked on 8/26/08, 7:48 pm

1 Answer from Attorneys
Marsha Dixon

Re: Getting a security deposit back

The answer to this question would depend on their application process. You may want to get a copy of the application and read the refund clause. If this stipulation,"non-refundable deposit" is NOT written on this application and/or posted on the wall in their office, then you should be able to have this deposit refunded immediately. However, there are legal issues to consider because they are only allowed to keep an application fee, not the full deposit. Either way and for future reference, it is recommended that you always read any applications fully before you sign them.

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Answered on 9/07/08, 1:58 am


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