SECURITY DEPOSIT DEMAND LETTER
STATE OF OKLAHOMA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Oklahoma law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. OKLAHOMA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Oklahoma are governed by the Oklahoma Residential Landlord and Tenant Act, 41 O.S. Section 115.
B. Security Deposit Limits
Oklahoma law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to 41 O.S. Section 115(B), a landlord must return the security deposit within forty-five (45) days after:
1. Termination of the tenancy; AND
2. Receipt of the tenant's forwarding address in writing
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Separate Account Requirement
Under 41 O.S. Section 115(A), the landlord must hold the security deposit in an escrow account in a federally insured financial institution in Oklahoma for the tenant's benefit.
E. Permissible Deductions
Under 41 O.S. Section 115(B), a landlord may retain from the security deposit only amounts necessary for:
- Unpaid rent
- Damages to the premises beyond normal wear and tear
- Other amounts due under the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Conditions resulting from landlord's failure to maintain premises
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Oklahoma law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 45-day period required under 41 O.S. Section 115(B).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Failure to Use Escrow Account: You failed to hold the security deposit in an escrow account as required by 41 O.S. Section 115(A).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Willful Noncompliance: You have willfully and wrongfully failed to return the deposit, entitling our Client to double damages under 41 O.S. Section 115(C).
IV. NORMAL WEAR AND TEAR
Oklahoma law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under 41 O.S. Section 115(C), if a landlord willfully and wrongfully fails to comply with the security deposit requirements:
- The tenant may recover double the amount wrongfully withheld
- The tenant may recover reasonable attorney's fees
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Double Damages (willful violation) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Oklahoma Small Claims Court (for claims up to $10,000) or District Court for return of the deposit, double damages, attorney's fees, and costs.
-
Seek Double Damages: If your retention is found to be willful and wrongful, request double damages pursuant to 41 O.S. Section 115(C).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to 41 O.S. Section 115(C).
-
Report Violations: Report your conduct to:
- Oklahoma Attorney General - Consumer Protection Unit
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[OKLAHOMA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
OKLAHOMA SECURITY DEPOSIT QUICK REFERENCE
| Element | Oklahoma Requirement |
|---|---|
| Governing Statute | 41 O.S. Section 115 |
| Deposit Limit | No statutory limit |
| Return Deadline | 45 days (after receiving forwarding address) |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Escrow Account Required | Yes |
| Penalty for Violation | Double damages (willful) + attorney's fees |
| Attorney's Fees | Yes - 41 O.S. Section 115(C) |
| Small Claims Limit | $10,000 |
OKLAHOMA-SPECIFIC PRACTICE NOTES
[ ] Forwarding Address Critical: The 45-day period begins when the landlord receives the tenant's forwarding address in writing. Document when and how this was provided.
[ ] Escrow Account: Landlord must hold deposit in escrow at a federally insured Oklahoma financial institution. Request proof of escrow compliance.
[ ] Willful Standard: Double damages require proving the landlord's failure was "willful and wrongful." Document evidence of intentional wrongdoing.
[ ] No Deposit Limit: Oklahoma has no statutory cap on security deposits; however, excessive deposits may be challenged.
[ ] Itemized Statement: The landlord must provide an itemized list of deductions within 45 days.
[ ] Small Claims Court: For claims up to $10,000, file in Oklahoma Small Claims Court.
[ ] Move-In Checklist: Oklahoma law requires landlords to provide a comprehensive move-in checklist describing the condition and cleanliness of the premises.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Oklahoma attorney before use.