Oklahoma
An Oklahoma lease agreement is a formal document that establishes the terms under which a landlord rents a property to tenants. This agreement is essential for defining the rights and responsibilities of both parties involved in the rental arrangement.
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Rental Lease Laws Overview
In Oklahoma, there are specific regulations governing rental agreements. Notably, there is no rent control, and landlords are not required to limit late fees or provide grace periods. Additionally, landlords do not need a license to operate.
It is advisable for landlords to utilize a rental application to screen potential tenants before finalizing the lease.
Required Lease Disclosures
According to the Oklahoma Residential Landlord and Tenant Act, landlords must disclose certain information to prospective tenants, including:
- Disclosure of Flood Hazard Area: Information regarding any flooding incidents on the property within the last five years.
- Notice of Illegal Substance Contamination: Whether the property was previously used for methamphetamine production.
- Identification: The name and address of individuals authorized to enter the property, including owners and managers.
- Disclosure of Lead-Based Hazards: For buildings constructed before 1978, landlords must inform tenants about potential lead-based hazards.
Security Deposit
Oklahoma law does not impose a limit on the amount a landlord may request for a security deposit. While landlords are not required to provide receipts or pay interest on these deposits, they must keep the funds in a separate escrow bank account maintained by the State of Oklahoma. Security deposits must be returned to tenants within 45 days after the end of the tenancy. If landlords withhold any portion of the deposit for unpaid rent or damages, they must provide an itemized written statement detailing these deductions.
Rent Payments
Rent is due on the date specified in the lease agreement; if no date is specified, it is due at the beginning of each month. There is no maximum late fee or grace period established by law. However, landlords must issue a 5-day notice to tenants to pay rent or vacate before initiating eviction proceedings. If a landlord’s failure to comply with health and safety standards necessitates repairs costing less than one month’s rent, tenants may notify the landlord of their intention to make the repairs at the landlord’s expense. Should the landlord fail to address the issue within 14 days, tenants may proceed with the repairs and deduct the costs from their rent. In cases where essential services, such as heat or water, are lacking, tenants have the option to notify the landlord and either terminate the lease, obtain the services and deduct the cost, recover damages, or seek alternative housing.
Landlord Right of Entry
Landlords in Oklahoma are required to provide tenants with one day’s notice before entering the premises for maintenance or repair purposes. Entry must occur at reasonable times, but in emergencies, landlords may enter without prior notice. If specified in the lease, tenants may change the locks.
Property Repairs
Landlords are responsible for ensuring that rental units are habitable by maintaining health and safety standards and promptly addressing repair requests. If a tenant fails to maintain utilities, the landlord may issue a 15-day notice to vacate unless the issue is rectified within 10 days. There is no state-mandated length of time regarding abandonment of property.
Terminating a Lease
For month-to-month tenancies, either party can terminate the lease by providing a 30-day notice. If a tenant leaves valuable personal property behind, the landlord must store it for 30 days and notify the tenant that the property will be considered abandoned after this period.
Statutes
- Okla. Stat. tit. 41 § 105(B) – Mitigation of damages – Rights, obligations and remedies – Enforcement
- Okla. Stat. tit. 41 § 109(B) – Rent
- Okla. Stat. tit. 41 § 111(A) – Termination of tenancy
- Okla. Stat. tit. 41 § 111(B) – Termination of tenancy
- Okla. Stat. tit. 41 § 111(C) – Termination of tenancy
- Okla. Stat. tit. 41 § 113 – Rental agreements
- Okla. Stat. tit. 41 § 113.1 – Denial or termination of tenancy because of guide, signal or service dog
- Okla. Stat. tit. 41 § 115(A) – Damage or security deposits
- Okla. Stat. tit. 41 § 115(B) – Damage or security deposits
- Okla. Stat. tit. 41 § 116(A) – Person to accept service or notice – Identity of owner and manager – Failure to comply with section
- Okla. Stat. tit. 41 § 118(A) – Duties of landlord and tenant
- Okla. Stat. tit. 41 § 118(C) – Duties of landlord and tenant
- Okla. Stat. tit. 41 § 121 – Landlord’s breach of rental agreement – Deductions from rent for repairs – Failure to supply heat, water or other essential services – Habitability of dwelling unit
- Okla. Stat. tit. 41 § 122 – Damage to or destruction of dwelling unit – Rights and duties of tenant
- Okla. Stat. tit. 41 § 127 – Duties of tenant
- Okla. Stat. tit. 41 § 128(A) – Consent of tenant for landlord to enter dwelling unit – Emergency entry – Abuse of right of entry – Notice – Abandoned premises – Refusal of consent
- Okla. Stat. tit. 41 § 128(B) – Consent of tenant for landlord to enter dwelling unit – Emergency entry – Abuse of right of entry – Notice – Abandoned premises – Refusal of consent
- Okla. Stat. tit. 41 § 128(C) – Consent of tenant for landlord to enter dwelling unit – Emergency entry – Abuse of right of entry – Notice – Abandoned premises – Refusal of consent
- Okla. Stat. tit. 41 § 128(D) – Consent of tenant for landlord to enter dwelling unit – Emergency entry – Abuse of right of entry – Notice – Abandoned premises – Refusal of consent
- Okla. Stat. tit. 41 § 129(B) – Tenant’s breach of rental agreement – Wrongful abandonment
- Okla. Stat. tit. 41 § 131 – Delinquent rent
- Okla. Stat. tit. 41 § 132(B) – Tenant’s failure to comply with rental agreement or perform duties – Rights and duties of landlord
- Okla. Stat. tit. 41 § 132(C) – Tenant’s failure to comply with rental agreement or perform duties – Rights and duties of landlord
- Okla. Stat. tit. 41 § 132(D) – Tenant’s failure to comply with rental agreement or perform duties – Rights and duties of landlord
- Okla. Stat. tit. 12 § 1751 – [Effective Until 11/1/2024] Suits authorized under small claims procedure
- Okla. Stat. tit. 12 § 95(A)(1) – Limitation of other actions
- Okla. Stat. tit. 12 § 95(A)(2) – Limitation of other actions
- Sun Ridge Investors v. Parker
FAQs
In Oklahoma, landlords must disclose whether the property is in a flood hazard area, if it has been contaminated by illegal substances like methamphetamine, provide identification of anyone authorized to enter the property, and inform tenants of potential lead-based hazards if the building was constructed before 1978.
There is no limit on the amount a landlord may request for a security deposit in Oklahoma. However, landlords must return the deposit within 45 days after the tenancy ends, itemizing any deductions for unpaid rent or damages.
Oklahoma landlords are required to give tenants at least one day’s notice before entering the rental property, except in emergencies where no notice is required.
In Oklahoma, there are no maximum limits on late fees for rent payments, and there is no grace period. However, landlords must provide a 5-day notice to pay rent or quit before starting eviction proceedings.
If essential services are missing, a tenant can notify the landlord and may either terminate the lease, obtain the services and deduct the cost from rent, recover damages, or find alternate housing if the landlord does not address the issue.
If a landlord’s noncompliance affects health and the repair costs are less than one month’s rent, the tenant can notify the landlord of their intention to make the repairs at the landlord’s expense. If the landlord does not address the issue within 14 days, the tenant may proceed with the repairs and deduct the cost from the rent.
If a tenant leaves valuable personal property behind, the landlord must store it for 30 days and notify the tenant that it will be considered abandoned after this period.
Yes, tenants may change the locks if specified in the lease agreement. However, they should ensure that the landlord has access to the property as needed.
Landlords in Oklahoma are responsible for ensuring that rental units are habitable by maintaining health and safety standards and promptly addressing repair requests from tenants.