Escrow, and a crime for misuse
Oklahoma does not cap deposits. The landlord must keep them in an escrow account maintained in Oklahoma with a federally insured financial institution. Under § 115, misappropriating escrowed deposits is a crime punishable by up to six months in jail and a fine of up to twice the amount misused.
45 days after your written demand
The refund, minus lawful deductions, is due within 45 days after the tenancy ends, the landlord regains possession, and you make a written demand. The deposit is returned without interest. Any deductions must be itemized in writing and delivered by mail with a return receipt or in person.
Remedies
If the landlord fails to comply, you may recover the deposit (§ 115(E)). The statute has no multiplier. You may not withhold your last month's rent on the theory that the deposit covers it (§ 115(F)). Under § 105(B), the prevailing party in a deposit case may recover reasonable attorney fees, including in small claims.
Our calculator counts 45 days.
Steps to recover an Oklahoma deposit
- Pay your last month's rent.
- Return the keys and send a written demand with your forwarding address.
- Count 45 days from the demand.
- Keep proof of the demand, in case you need to show you met the six-month deadline.
- If that fails, file a claim in small claims court.
Neighboring states
Texas uses a 30-day deadline with bad-faith damages. Missouri, Colorado and Arkansas cap deposits at two months.
Frequently asked questions
Is there a cap on security deposits in Oklahoma?
No. 41 O.S. § 115 sets no maximum.
How long does an Oklahoma landlord have to return a deposit?
45 days after the tenancy ends, possession is returned, and you make a written demand.
Is there a deadline to ask for my deposit in Oklahoma?
Yes. If you make no written demand within six months after termination, the deposit becomes the landlord's.
Can I recover attorney fees in Oklahoma?
The prevailing party may recover reasonable attorney fees under 41 O.S. § 105(B).
Sources
- 41 O.S. § 115 (Oklahoma Legislature, RTF)
- 41 O.S. § 105 — remedies and attorney fees (Oklahoma Legislature, RTF)
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.