I reside in the state of Oklahoma. At the end of my lease I gave written thirty day notice along with my forwarding address and a request for a return of my deposit. After 50 days I received in the mail a letter (not certified) that included a break down of how my security deposit was spent on damages, along with a check for the remaining balance. According to the Oklahoma Landlord and Tenant Act, the landlord has 30 days from the date the premises is vacated to either refund the entire security deposit or mail a certified letter with the itemized break down of the damages that were deducted. I understand this to mean that because the landlord failed to meet these requirements within the time frame I am now entitled to a full refund of my deposit. Also, I believe that he mishandled my security deposit. The state of Oklahoma requires you to keep the deposit secure in a bank located within Oklahoma that is FDIC insured. The check that I received is written from a bank located in California (address is on the check) and the property companies address is also located in California. Does this serve as proof that the landlord did not follow the proper escrow laws? Also, who would I report it to? I am going to send a letter citing the Oklahoma law to try and get my deposit back and if that is not successful I plan on taking him to small claims court. But I'm curious on how I handle the whole escrow thing which is a misdemeanor here in Oklahoma.
41 O.S. 2001 §115(B) states that:
...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...
According to the above, the LL had 30 days AFTER the termination of the tenancy, delivery of possession (the date you actually vacated and returned the premises to the LL), and issuance of the written demand for the security to return it to you.
From your statement above, it seems like you included your demand for the security deposit along with your actual notice of intent to terminate at the end of the lease term, which would have been 30 days PRIOR to you actually moving out.
So, please clarify:
When did you give your notice of your intent to terminate your tenancy (was it before or after the actual lease expiration date, and how long before/after)?
How long after you gave notice did you vacate?
Did your request for the security deposit come before or after you actually vacated the premises?
How long after you vacated did you receive the security deposit balance with the breakdown?
The statute appears clear in that all 3 requirements must be met before the 30-day clock starts ticking. That means the LL should have had 30 days from the date you actually returned the keys to the property in order to process your security deposit request.
As to the security deposit not being held in an Oklahoma bank, while the statute is clear that it is required, the penalty on that is on the LL, and focuses on the misappropriation of the funds (by not holding them in escrow at all) as opposed to holding them in a bank outside of the state instead. And how do you know that they didn't just transfer those funds to a different bank to issue the check? (Short answer, you don't.) The bottom line on that issue is that you DID get your security deposit funds back. The LL did not misappropriate them, and so you really have no legal recourse on that matter. Consider yourself lucky because there are a lot of unscrupulous LLs out there who will run off with the security and have you chasing them to try to retrieve any of it at all.
