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Oklahoma Sublease Agreement

An Oklahoma sublease agreement is a legal contract that allows a tenant (the sublessor) to rent out all or part of their property to another tenant (the sublessee or subtenant). The original tenant remains responsible for the master lease while acting as the landlord to the new tenant.

Oklahoma Sublease Agreement

Oklahoma Sublease Agreement

Right to Sublet

In Oklahoma, the right to sublet is governed by the terms of the original lease agreement. Oklahoma law does not explicitly address subletting; therefore, tenants must obtain written consent from their landlord to sublet their residence. This consent should be documented using a Landlord Consent Form. Even after permission is granted, a landlord retains the right to reject a subtenant based on qualifications, such as job history or references.

Standard Oklahoma Sublease Agreement

A standard Oklahoma sublease agreement typically includes the following elements:

  • Names of the Parties: Identification of the sublessor and sublessee.
  • Rental Unit Location: Address of the rental unit as described in the original lease.
  • Term: Start and end dates of the sublease.
  • Rent: Amount of rent, payment schedule, and payment method.
  • Master Lease Inclusion: A copy of the original lease attached, with any exceptions noted.
  • Liability: Responsibilities for damages between the sublessor and sublessee.
  • Authorized Occupants: Identification of individuals authorized to reside in the rental unit.
  • Security Deposit: Details regarding the security deposit, which is held by the sublessor.
  • Pet Deposit: Information on any additional pet deposits required.
  • Return of Security Deposit: Obligations regarding the return of the security deposit within 30 days of the sublease’s end.
  • Lead-Based Paint Notice: Required notice if the rental unit was built before 1978.
  • Utilities: Specification of which utilities are paid by the sublessor and sublessee.
  • Inventory of Included Items: List of items included in the sublease.
  • General Conditions: Statement that the sublease contains all agreements and can only be modified in writing.
  • Smoking Policy: Restrictions on smoking within the rental unit.
  • Landlord’s Consent: Process for obtaining landlord consent if not already included in the master lease.
  • Disputes: Procedures for resolving disputes between the sublessor and sublessee.
  • Signature: Signatures of all parties involved.

Tax Implications of a Sublease in Oklahoma

Sublessors may be subject to various taxes, particularly if the rental is for a short-term stay (30 consecutive days or less). The following taxes may apply:

  • Oklahoma State Sales Tax: 4.5% on gross receipts from short-term rentals.
  • Oklahoma City Sales Tax: 3.875%.
  • Oklahoma City Lodging Tax: 5.5%.

It is important for sublessors to register with the Oklahoma Tax Commission to collect and remit these taxes. Registration can be completed online, and tax returns are typically due on the 20th of each month.

Laws & Requirements

The following laws govern subleasing in Oklahoma:

  • Sublease and Assignment Provision Laws: Oklahoma Statutes § 41-10.
  • Landlord-Tenant Laws: Oklahoma Statutes Title 41 (Landlord and Tenant).

Sublessors must adhere to all relevant laws regarding eviction processes, security deposits, and other landlord-tenant matters. If a subtenant fails to pay rent on time, the sublessor must provide a five-day written notice to pay rent or vacate. Additionally, if the sublessor does not intend to renew the lease, they must notify the subtenant within 30 days of the lease’s expiration.

Statutes

FAQs

Yes, in Oklahoma, a tenant must obtain explicit written permission from their landlord to sublet their apartment. Even after permission is granted, the landlord retains the right to refuse a subtenant based on qualifications such as job history or references.

An Oklahoma sublease agreement typically includes the names of the parties, rental unit location, term of the sublease, rent details, liability clauses, authorized occupants, security deposit information, and a smoking policy, among other provisions.

Sublessors in Oklahoma may be subject to various taxes, including state sales tax of 4.5%, local sales tax, and a lodging tax for short-term rentals. It’s essential to register with the Oklahoma Tax Commission to collect and remit these taxes properly.

In Oklahoma, there is no limit on the amount a landlord can collect for a security deposit. The sublessor must return any unused portion of the security deposit within 45 days after the lease is terminated, provided the tenant requests it in writing.

Yes, a landlord in Oklahoma can refuse a subtenant even after the original tenant has obtained permission to sublet. The landlord has the right to reject a subtenant based on their qualifications, such as poor job history or references.

To create a sublease agreement in Oklahoma, the original tenant (sublessor) must draft a contract that complies with the original lease terms and Oklahoma laws. This includes obtaining the landlord’s written consent if required and ensuring all necessary details are included in the sublease.

While Oklahoma law does not explicitly address subletting, the right to sublet is defined by the terms of the original lease. Tenants should refer to Oklahoma Statutes Title 41 for landlord-tenant laws and ensure compliance with any relevant provisions.

If a subtenant fails to pay rent on time, the sublessor must provide a written notice giving the subtenant five days to pay the rent or vacate the property. This is in accordance with Oklahoma’s landlord-tenant laws.