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Oklahoma Landlord-Tenant Laws

Oklahoma Landlord Tenant LawsThis article is intended to be an online resource for Oklahoma landlords.  We summarize key Oklahoma Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified for legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Oklahoma Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state-level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Oklahoma.

 

Quick Facts for Real Estate Investors Considering Oklahoma

Oklahoma landlord-tenant laws are considered Landlord-friendly.

There are 3.9m  residents in Oklahoma.  Major metropolitan markets in Oklahoma are:

  1. Lawton: Estimated population of 126,415, which 45% of residents are renter occupied.  The average rent is $786.
  2. Oklahoma City: Estimated population of 1,408,950, which 41% of residents are renter occupied.  The average rent is $834.
  3. Tulsa: Estimated population of 998,625, which 35% of residents are renter occupied.  The average rent is $823.

 

 

SECURITY DEPOSIT LAWS IN OKLAHOMA

 

Does Oklahoma require security deposits? 

Oklahoma does not require security deposits, however, if accepted then there are laws and regulations.

 

Is a security deposit receipt required in Oklahoma? 

No statute.  It is generally recommended to still send a receipt of at least the date, the total amount received, and its purpose.

 

How much security deposit can a landlord charge in Oklahoma? 

Oklahoma does not state a limit to the maximum security deposit.  Often, landlords charge 1 to 1-1/2 month’s rent.

 

 

Storage Requirements for Security Deposits in Oklahoma: 

Landlord must deposit the money in an escrow account in the State of Oklahoma that is federally insured.  (Ok. Stat. § 115(A))

 

 

Can security deposits be commingled with other assets in Oklahoma? 

Landlords cannot commingle deposits with their personal funds.

 

Do landlords have to pay interest on security deposits in Oklahoma? 

Landlords are not required to share the interest earned for deposits.  (Ok. Stat. § 115(B))

  

 

 

When must a landlord return the deposit by in Oklahoma? 

Landlords must return the security deposits within 30 days after the termination of the lease and delivery of possession by tenant.  Tenants have up to six months to request in writing for the deposit to be returned, otherwise, the landlord can keep the deposit.  (Ok. Stat. § 115(B))

 

When can a landlord in Oklahoma withhold a security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit for (Ok. Stat. § 115(B)):

  • Unpaid rent and/or fees
  • Damages beyond normal wear-and-tear
  • Damages from breach of lease

 

 

 

Nonrefundable fees: 

No Statute.

 

Pet Deposits and Additional Fees:

No statute on pet security deposits.

 

Require a written description / itemized list of damages and charges?

Landlords are required to provide a written and itemized list of damages that are delivered or mailed to the tenant’s last known address. (Ok. Stat. § 115(B))

 

What happens to Oklahoma landlords that fail to comply with returning the security deposit?

The landlord is liable to the tenant to (Ok. Stat. § 115(A)):

  • Punishable up to six months in county jail
  • Liable for twice the amount misappropriated from the escrow account

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN OKLAHOMA

 

Rental agreements required in Oklahoma:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Oklahoma rental lease agreement.

 

What are the required lease provisions in Oklahoma?

Oklahoma requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Conditions of occupancy
  • Description of the rental unit
  • Provision defining automatic renewal
  • Late Fees and Penalties
  • Landlords name, address, and phone number
  • Rent Amount and Due Date.
  • Length of the lease agreement
  • Tenants name, address, and phone number
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Occupancy by children or pets
  • Required deposits and the conditions for their refund
  • Inspection rights by the landlord
  • Other fees
  • Address of rental property
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Subleasing policy
  • Pet policies
  • Cleaning Fees

 

LANDLORDS ARE PROHIBITED FROM:

  • Tenant agrees to waive or forego rights or remedies under Oklahoma Landlord and Tenant Act
  • Tenant confess judgment on a claim arising out of the lease agreement
  • Tenant agrees to pay for the landlord’s attorney’s fees
  • Tenant agrees to exculpate, limit, or indemnifies any of the landlord’s liability arising law for damages or injuries
  • Tenant agrees to the established of a lien except as allowed by the Residential Landlord and Tenant Act

 

 

What are the rental agreement notice requirements in Oklahoma: 

Fixed-End or Year-to-Year: No statute as leases expire.  (Ok. Stat. § 111(C))

Month-to-Month: Must provide at least 30 days’ written notice at any time. (Ok. Stat. § 111(A))  Read our guide on Month-to-Month rent.

Week-to-Week: Must provide at least 7 day’s written notice with the termination date specified in the notice.  (Ok. Stat. § 111(B))

 

Rent Increase Notice:

No statute.  It is generally good practice to include a provision in the lease agreement defining the notice process.

 

Rent Grace Period for Residential:

Oklahoma does not require grace periods.  Landlords may charge late fees as soon as rent is deemed late.

 

 

Prepaid Rent:

Landlords are allowed to collect prepaid rent, no statute defining the limits.

 

 

 

 

 

 

LATE FEES AND LIMITS IN OKLAHOMA

Late Fees for Residential:

Oklahoma landlords can charge any reasonable amount for late fees.  Generally, landlords charge 1 to 1-1/2 month’s rent for unfurnished rentals.

 

 

 

 

OKLAHOMA LEASE TERMINATIONS / NOTICES TO QUIT

 

In Oklahoma, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Oklahoma?

Oklahoma allows the landlord to immediately begin the eviction process once rent is past due by providing a 5 day written notice.  Tenants can remedy by paying the full amount due prior to the expiration of the 5 days.  If failed to pay full amount, the landlord can start the eviction process  (Ok. Stat. § 131)

 

 

How many days must a landlord allow before terminating for a Lease Violation?

Landlords must provide a 10 day notice to remedy or cure the violation.  However, if the tenant fails to remedy or cure the violation then the lease can terminate on the 15th day.  Thus providing the tenant 5 days to move out.  (Ok. Stat. § 132(B))

 

 

Any actions that result in an immediate lease termination?

Landlords may terminate the lease agreement for any criminal activity on the premises that threatens the health or safety of anybody on the premises.  As well, landlords can immediately evict tenants for illegal drug-related activity on the premises.   (Ok. Stat. § 132(C) and (D))

 

 

 

 

OKLAHOMA LAWS ON REPAIRS

 

Oklahoma requires landlords to provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so. 

How many days must the tenant give for non-emergency repairs? 

Oklahoma state landlords must be given 14 days to remedy the repairs after receiving notice.  Tenants can provide a notice stating they intend to end the lease in 30 days if the landlord does not repair in 14 days. (Ok. Stat. § 121(B))

 

Can tenants withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Oklahoma allows the tenant the following remedies to handle repairs if the landlord fails (Ok. Stat. § 121(B))

  • Repair themselves if the repair cost less than $100.  More than $100 requires providing the landlord a 14-day notice
  • Repair and deduct the expense from rent, after sending the landlord the itemized receipt
  • Recover it in any other lawful manner from the landlord
  • Terminate the lease

 

 

OKLAHOMA LANDLORD LAWS AND RESPONSIBILITIES

 

Landlords have an obligation to the tenants, which include:

  • Remain in compliance with all applicable building and housing codes materially affecting health and safety
  • Make repairs to keep premises in a safe condition
  • Keep all common areas of the property in a clean and safe condition
  • Maintain in good and safe working order and condition electrical, plumbing, sanitary, HVAC, and other facilities and appliances, including elevators.
  • Provide and maintain appropriate receptacles and conveniences for removal ashes, garbage, rubbish, and other waste
  • Supply running water and a reasonable amount of hot water at all times and reasonable heat

 

According to  (Ok. Stat. § 118(A))

 

 

OKLAHOMA TENANT LAWS AND RESPONSIBILITIES

 

Generally, tenants must dispose of all rubbish and garbage, refrain from unreasonable use of electrical, heating, and plumbing fixtures, meet all obligations lawfully by the code enforcement agency, refrain from willfully destroying or damaging the structure, take in additional occupants, rent or sublease without the owner’s consent. 

As well as not engaging in any criminal activity that threatens the health, the safety of other tenants or disrupts their peaceful enjoyment of the premises.(Ok. Stat. § 127)

 

 

 

 

 

OKLAHOMA EVICTION LAWS

 

Can landlords do a ‘self help’ eviction?

In Oklahoma, it is illegal for landlords to cause the tenant to quit the rental unit involuntarily. Landlords that use forcible exclusion for an eviction are liable for a penalty of two times the damages or average monthly rent. (Ok. Stat. § 123)

Are landlords allowed to lockout tenants by changing locks?

The landlord cannot change or remove the doors or locks. (Ok. Stat. § 123)

 

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities. (Ok. Stat. § 121(C))

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

Yes.  Landlords must attempt to minimize damages. (Ok. Stat. § 105(A)) and (Ok. Stat. § 129(B))

 

 

 

OKLAHOMA LAWS ON RETALIATION

 

Oklahoma laws do not include any retaliation.  Burbz encourages landlords to never retaliate for tenants who have submitted a complaint about a lease violation or the failure of the landlord to remedy a situation.

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

Oklahoma Residential Landlord and Tenant Act do not state any protections for victims of domestic and sexual violence.  Burbz encourages landlords to work with their tenants for safety and health.  A general good practice is allowing the victim to terminate the lease with a 30-day notice and victims should provide proof of documentation.

If you are a victim, please search The Oklahoma Coalition Against Domestic Violence and Sexual Assault  site for a helpline:

  • National Domestic Violence Hotline: 1-800-799-7233
  • National Sexual Assault Hotline: 1-800-656-4673

 

 

 

OKLAHOMA LAWS FOR LOCKS AND LANDLORDS

Oklahoma does not have any statewide laws regarding locks for landlords.  The tenant cannot remove, replace, or add a lock without the written permission from the landlord.  If the tenant does with permission, they must provide the landlord with a key. 

 

 

 

 

OKLAHOMA PET LAWS & PET POLICIES

Oklahoma Landlord-Tenant Laws does not have any specific pet laws.  However,  landlords cannot deny or terminate tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog.  (Ok. Stat. § 113.1)

Otherwise, landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more. 

Read our guide to pet policies.

 

 

 

 

 

DO LANDLORDS IN OKLAHOMA NEED A RENTAL LICENSE?

 

According to Oklahoma Landlord-Tenant Laws, landlords do not need a rental license in Oklahoma.

Landlords and owners of residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city-specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN OKLAHOMA

Do landlords in Oklahoma have to provide notice of entry? 

Oklahoma requires the landlord to provide 24 hours notice, except in the case of an emergency.  Entry is only allowed during reasonable hours.

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees, or buyers.

 

When can a landlord enter without notice:

Landlords may enter due to an emergency.  (Ok. Stat. § 128(B))

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes, with proper notice and performed at reasonable hours.(Ok. Stat. § 128(C))

 

 

Can landlords enter for showings?

Yes, with proper notice and performed at reasonable hours. (Ok. Stat. § 128(C))

 

 

 

Can landlords enter for emergencies without notice?

Yes, when there is an immediate threat to the safety or health of persons using or near the premises.  (Ok. Stat. § 128(B))

 

 

Can landlords enter during Tenant’s extended absence?

Yes, only when the tenant has abandoned or surrendered the premises. (Ok. Stat. § 128(D))

 

 

Can landlords enter for pesticides?

No Statute.

 

 

 

 

 

OKLAHOMA SUBLEASE AND ASSIGNMENT PROVISIONS

Landlords should include a clause in the lease agreement to prevent subleasing.  Otherwise, the tenant may sublet the rental unit.

 

 

 

 

TENANT ABANDONED PROPERTY IN OKLAHOMA

 

Oklahoma Residential Landlord and Tenant Act state the landlord must provide written notice to the tenant by certified mail to their last known address with a 30 day notice.  The landlord must store all property of value in safekeeping and exercise reasonable care.  Landlords are entitled to deduct the cost of storage and removal.  (Ok. Stat. § 130)

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR OKLAHOMA LEASES

 

Oklahoma Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Flood Disclosure:  Landlords must disclose if the rental property has flooded within the past 5 years.  Failure to do so shall entitle tenant to sue the landlord for personal property damages sustained by the flooding.  (Ok. Stat. § 113(A))

 

 

 

HELPFUL RESOURCES

Oklahoma Stat. Ann. Title 41 – Oklahoma Residential Landlord and Tenant Act

Oklahoma Non-Residential/Residential Landlord and Tenant Acts

U.S. Department of Housing and Urban Development – Oklahoma

Oklahoma Real Estate Commission

Oklahoma Insurance Department

 

OKLAHOMA RELATED COURT INFO & LINKS

 

Oklahoma Small Claims Court Limits:

$7,500 is the limit for small claims court. 

 

Oklahoma Eviction Cases Allowed in Small Claims:

Yes.  (Ok. Stat. § 105(B))

The Oklahoma Court System

Oklahoma Attorney General

Oklahoma Bar Association

 

 

 

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