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Oklahoma

This article provides a quick overview of some key Oklahoma Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Oklahoma Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Oklahoma Commercial Lease Agreement

Oklahoma Landlord Tenant Key Rules

Official Oklahoma Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: No statute.
Security Deposit Interest: Interest is not required to be paid stemming from the deposit. Okla. Stat. tit. 41 § 115
Separate Security Deposit Bank Account: Security deposits must be kept in an escrow account for the tenant. The account must be in a federally insured financial institution within the State of Oklahoma. Okla. Stat. tit. 41 § 115
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: Security deposit must be returned within 45 days from the lease termination date and move out. Tenants must request in writing within six (6) months of move-out that the deposit be returned, otherwise the deposit can be kept by the landlord. Okla. Stat. tit. 41 § 115
Permitted Uses of the Deposit: Security deposit can be used to cover the costs of owed rent or damages caused by the tenant’s noncompliance with the rental agreement or statutes. Okla. Stat. tit. 41 § 115
Security Deposit can be Withheld:
Require Written Description/Itemized List of Damages and Charges: Security deposit held by a 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 damages and costs must be itemized by the landlord in a written statement delivered by mail with a return receipt requested. Okla. Stat. tit. 41 § 115
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: Misappropriation of a security deposit is unlawful and punishable by a term in a county jail not to exceed six (6) months and with a fine not to exceed twice the dollar amount misappropriated from the escrow account. Okla. Stat. tit. 41 § 115

Lease, Rent & Fees

TOPIC RULE
Rent is Due: Rent is due at the time and place agreed to by all parties of the rental agreement. Okla. Stat. tit. 41 § 109
Payment Methods: No statute.
Rent Increase Notice: No statute. Typically outlined in the rental agreement.
Late Fees: No statute. Some case law is allowed with certain restrictions.
Application Fees: No statute.
Prepaid Rent: No statute.
Returned Check Fees: No statute.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): The tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach of the rental agreement that wwill terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days. The rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified. Okla. Stat. tit. 41 § 121
Tenant Allowed to Repair and Deduct Rent: The tenant may provide the landlord his/her intent on reducing rent If there is noncompliance by the landlord with any of the terms of the rental agreement or any provisions of Section 118 of this title which noncompliance materially affects health and the breach is remediable by repairs. The landlord has 14 days to repair from the time of written notice by the tenant, or the tenant may deduct the reasonable cost of which is equal to or less than one month’s rent. Okla. Stat. tit. 41 § 121
Self-Help Evictions: Self-Help evictions are illegal.
Landlord Allowed to Recover Court and Attorney’s Fees: For any breach of a rental agreement or to enforce any right or obligation, the prevailing party shall be entitled to reasonable attorneys’ fees. Rental agreements may not include provisions for either party to be responsible for such attorney’s fees. Okla. Stat. tit. 41 § 105
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: The landlord has the right to make reasonable efforts to rent the dwelling unit if the current tenant wrongfully quits or abandons the dwelling during the active rental agreement. Okla. Stat. tit. 41 § 129

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: No statute. The lease simply expires.
Notice to Terminate a Periodic Lease – Month-to-Month: The landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other party at least thirty (30) days before the date upon which the termination is to become effective. Okla. Stat. tit. 41 § 111
Notice to Terminate a Periodic Lease – Week-to-week: The landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other party a written notice served as provided in subsection E of this section at least seven (7) days prior to the date for which the termination is to become effective. Okla. Stat. tit. 41 § 111
Notice to Terminate Lease due to Sale of Property: The landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other party at least thirty (30) days before the date upon which the termination is to become effective. Okla. Stat. tit. 41 § 111
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: Landlords may terminate a rental agreement for failure to pay when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord’s demand for payment. Okla. Stat. tit. 41 § 131
Notice for Lease Violation: Landlords are able to provide a written notice to the tenant served as provided in subsection E of Section 111 of this title specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice. The tenant has the ability to remedy the noncompliance within ten (10) days. Okla. Stat. tit. 41 § 132
Required Notice before Entry: A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times. Okla. Stat. tit. 41 § 128
Entry Allowed with Notice for Maintenance and Repairs: A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times. Okla. Stat. tit. 41 § 128
Emergency Entry Allowed without Notice: A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times. Okla. Stat. tit. 41 § 128
Entry Allowed During Tenant’s Extended Absence: A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times. Okla. Stat. tit. 41 § 128
Entry Allowed with Notice for Showing the Property: A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times. Okla. Stat. tit. 41 § 128
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: Lockouts are not permitted.
Utility Shut-offs Allowed: Landlords are required to maintain utilities and cannot shut them off due to noncompliance of a tenant. Okla. Stat. tit. 41 § 121
Electronic Notices Allowed: No statute.

Disclosures

  • Name and Addresses: Landlord must disclose name and address of owner or manager. (Okla. Stat. tit. 41 § 116)
  • Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
  • Domestic Violence Situations: Victims may terminate lease with protective order and 30-day notice. (Okla. Stat. tit. 41 § 111(E))

Duties

Landlord’s Duties

Tenant’s Duties