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§41-115.
§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 thirty (30) 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.
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