Legal Question in Landlord & Tenant Law in Oklahoma

In the State of Oklahoma, can a Landlord retain your security deposit by telling you after 30 days that you have left the premises (having given your 30-day notice), that basically the landlord "lost" one of your rent checks from a year ago and that you now owe them an add'l months rent. This is the first notice you have ever rec'd that as the tenant you were in default in any way and the landlord has cashed checks since the "lost" check that specifically stated in the memo section of the check which month the rent covered.


Asked on 8/31/10, 7:07 pm

1 Answer from Attorneys
Marsha Dixon

First of all, a security deposit is only provided to cover needed repairs to the property. Not to secure rent amounts allegedly owed for rent. Especially, one year after-th-fact and without prior notice that the rent was owed.

Secondly, this deposit should have been released the 30th day that you surrendered or vacated the property and the Landlord should have inspected the property immediately during or after that 30 day period or notice.

Based on the above the landlord is operating illegally and should release your deposit immediately or you can seek legal remedyor this release. I hope this helps.

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Answered on 9/25/10, 11:12 am


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