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I have a question about the my rights as a tenant specificly about our security deposit

Oklahoma City, OK |

our land lord is with hold our deposit

Attorney Answers 2

Posted

I suggest that you contact an attorney who does landlord tenant. But here are my thoughts. Generally, a landlord can only withhold a security deposit after giving you a detailed notice of alleged damages in excess of wear and tear AND give a tenant a reasonable opportunity to cure (fix) the things the landlord alleges damaged by tenant.

No attorney client relationship is created by the above response. The above response if for general information only. Nothing in the responses should be construed as legal advice for any personal injury, workers' compensation, Social Security disability case, or any other type of case. While we provide legal services to those in Oklahoma, nothing can replace actual legal services provided by engaging an attorney.

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Posted

The first step toward getting your security deposit back is to give your landlord a written notice. The best time to request your deposit is when you notify the landlord that you are moving. Usually, you provide this notice at least 30 days before you plan to move. In your notice, you should tell the landlord that you are asking for your deposit back. You must give the landlord an address where you can receive mail. If you are moving and don't know the new address, give the address of a relative or friend that will give you your mail as soon as it comes. You are not entitled to get your deposit back before you move.

Be sure to make a photocopy of the notice and save it. Send your letter by Certified Mail at the post office. Don’t wait too long to request the return of your security deposit. Oklahoma law allows the landlord to keep your deposit if you do not make a written request for your security deposit within six (6) months of the termination of your lease.

Within 30 days after you move and give notice, the landlord either must return your entire deposit, or send you a list of the reasons for keeping all or part of your money. Your landlord is allowed to inspect the place after you move, and to make repairs. You are not responsible for problems that existed when you moved in or for normal wear and tear. You should have a list and pictures of any damage to the property that was there when you moved in. Take pictures of the property when you move out in case you need to provide proof later that you left the home clean and without damage. The landlord can deduct from your deposit for past-due rent and for certain damages and repairs. You are required to pay for damages you, your family, or guests caused either on purpose or by not being careful.

Sample Letter
Send a letter or "notice" to your landlord asking for your security deposit back.
*** IMPORTANT! *** Be sure to:

date your letter; and,
keep a copy of your letter
March 30, 2011

John Q. Landlord

I rented from you at (put the address of the place you rented).

I will be moving on OR I moved out on (put the date you will move or date you moved out).

Please return my security deposit to me at this address:

Jane Doe
1111 W. Classen
Oklahoma City, OK 74037

Please send my deposit and any other mail to this address.

Thank you,

Signed: [Jane Doe]

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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