Oklahoma Residential Lease Agreement

Introduction

This comprehensive guide covers Oklahoma residential lease laws under the Oklahoma Residential Landlord and Tenant Act (Title 41, §§ 101 et seq.). ^[1] All information has been verified against official Oklahoma statutes.

Required Disclosures

Oklahoma law requires landlords to provide tenants with the following disclosures:

Identity and Service of Process Disclosure

As part of any rental agreement, the lessor must prominently and in writing identify what person at what address is entitled to accept service or notice under the Oklahoma Residential Landlord and Tenant Act. ^[2] The landlord or any person authorized to enter into a rental agreement must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person or persons authorized to manage the premises, and the name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices.

A person who fails to comply with this section becomes a landlord for the purposes of the act and an agent of each person who is otherwise a landlord for receipt of service of process. ^[2]

Flooding Disclosure

If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. ^[3] "Flooded and flooding" shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters.

If a landlord fails to disclose past flooding, the tenant has a right to sue for any personal property damage that occurs as a result of flooding. By disclosing past flooding in the lease, the landlord is relieved of liability to the tenant if any flood damage does ensue. ^[3]

Lead-Based Paint Disclosure

Federal law requires disclosure if the property was constructed before 1978, as lead paint may be present. ^[5] This is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Security Deposits

Maximum Amount

Oklahoma imposes no statutory limit on security deposit amounts. ^[6] The landlord may request as much as desired for a security deposit.

Escrow Account Requirement

Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State with a federally insured financial institution. ^[6]

Interest on Deposits

Oklahoma state law does not require landlords to collect or pay interest on tenant security deposits. ^[6]

Return Timeline and Itemized Deductions

The landlord must return the balance of the security deposit within 45 days after termination of tenancy, delivery of possession, and written demand by the tenant. ^[6] Upon termination, the security deposit may be applied to accrued rent and damages from the tenant's noncompliance, all as itemized in a written statement delivered by certified mail or in person.

Penalties for Misuse

Misappropriation of the security deposit is punishable by up to six months in county jail and a fine up to twice the amount misappropriated. ^[6]

Landlord Duties and Obligations

Under Oklahoma law, a landlord has specific duties to maintain the rental property in habitable condition. ^[7] A landlord shall at all times during the tenancy:

Except in the Case of a Single-Family Residence, Keep All Common Areas of the Building, Grounds, Facilities and Appurtenances in a Clean, Safe and Sanitary Condition;

Make All Repairs and Do Whatever Is Necessary to Put and Keep the Tenant's Dwelling Unit and Premises in a Fit and Habitable Condition;

Maintain in Good and Safe Working Order and Condition All Electrical, Plumbing, Sanitary, Heating, Ventilating, Air-Conditioning and Other Facilities and Appliances, Including Elevators, Supplied or Required to Be Supplied by the Landlord;

Except in the Case of One- or Two-Family Residences or Where Provided by a Governmental Entity, Provide and Maintain Appropriate Receptacles and Conveniences for the Removal of Ashes, Garbage, Rubbish and Other Waste Incidental to the Occupancy of the Dwelling Unit and Arrange for the Frequent Removal of Such Wastes. ^[7]

Tenant Duties and Obligations

Oklahoma law establishes specific obligations for tenants regarding the maintenance and care of the rental property. ^[8] Tenant duties include:

Keep That Part of the Premises Which the Tenant Occupies and Uses As Safe, Clean and Sanitary As the Condition of the Premises Permits;

Dispose From the Tenant's Dwelling Unit All Ashes, Garbage, Rubbish and Other Waste in a Safe, Clean and Sanitary Manner;

Keep All Plumbing Fixtures in the Dwelling Unit or Used by the Tenant As Clean and Sanitary As Their Condition Permits;

Use in a Safe and Nondestructive Manner All Electrical, Plumbing, Sanitary, Heating, Ventilating, Air-Conditioning and Other Facilities and Appliances Including Elevators in the Premises;

Not Deliberately or Negligently Destroy, Deface, Damage, Impair or Remove Any Part of the Premises or Permit Any Person, Animal or Pet to Do So;

Not Engage in Conduct or Allow Any Person or Animal or Pet, on the Premises With the Express or Implied Permission or Consent of the Tenant, to Engage in Conduct That Will Disturb the Quiet and Peaceful Enjoyment of the Premises by Other Tenants. ^[8]

Rent Payment and Late Fees

Rent Payment Terms

In the absence of agreement, tenants pay fair rental value for the dwelling unit, and rent is payable at the time and place agreed to by the parties. ^[9]

Grace Period

Oklahoma landlords are not required to provide a grace period for the payment of rent before charging a late fee. ^[10] There is no mandatory grace period in Oklahoma.

Late Fees

Oklahoma does not impose a statutory cap on how much a landlord can charge a tenant for paying rent late, meaning there isn't a set dollar amount or percentage limit written into state law. ^[10] However, the late fee must be reasonable and related to the actual financial cost the landlord incurred.

Landlord Entry Rights

Oklahoma law establishes specific requirements for landlord entry into rental units. ^[11]

Consent of Tenant

A tenant shall not unreasonably withhold consent to the landlord, his agents and employees, to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. ^[11]

Notice Requirement

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. ^[11] A landlord shall not abuse the right of access or use it to harass the tenant.

Emergency Entry

A landlord, his agents and employees may enter the dwelling unit without consent of the tenant in case of emergency. ^[11]

Tenant Refusal of Entry

If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement. ^[11]

Lease Termination

Fixed-Term Leases

A tenancy for a definite term expires on the ending date without requiring notice, unless earlier terminated or otherwise agreed upon. ^[12]

Month-To-Month Tenancies

For month-to-month or tenancy at will arrangements, either the landlord or tenant may terminate the tenancy by giving written notice to the other at least thirty (30) days before the termination date. ^[12] The thirty-day period begins to run from the date the notice is served.

Less Than Month-To-Month Tenancies

For tenancies less than month-to-month, either party may terminate by giving written notice at least seven (7) days before the termination date. ^[12]

Service of Notice Requirements

The written notice must be served on the tenant or landlord personally unless otherwise specified by law. ^[12] If personal service cannot be made:

• If the tenant cannot be located, service may be made by delivering notice to any family member over age 12 residing with the tenant;
• If service cannot be made personally or on a family member, notice shall be posted at a conspicuous place on the dwelling unit;
• When notice is posted, a copy must be mailed to the tenant by certified mail;
• If the landlord cannot be served personally, notice shall be mailed by certified mail. ^[12]

Domestic Violence Exception

Victims of domestic violence, sexual violence or stalking may terminate a lease without penalty by providing written notice and a protective order within thirty (30) days of the incident. ^[12]

Eviction for Nonpayment of Rent

A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment. ^[13] The notice must state the unpaid amount necessary to resolve the situation and the exact date when the lease will terminate if the payment is not received, which cannot be less than five days from when the tenant receives the notice.

If the tenant pays the rent before the 5-day period expires, the tenancy agreement will not be terminated. If the tenant fails to pay after the 5-day notice period elapses, the landlord can file an eviction lawsuit against them. ^[13]

Tenant Noncompliance With Rental Agreement

If there is a noncompliance by the tenant with the rental agreement or tenant duties which noncompliance can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) days after written notice by the landlord specifying the breach, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner. ^[14] The landlord may then submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment.

Landlord Breach and Tenant Remedies

If there is a material noncompliance by the landlord with the rental agreement or landlord duties affecting health or safety, the tenant may deliver written notice specifying the breach. ^[15] Tenant remedies include:

• The tenant may cause repair work to be done and deduct the actual and reasonable cost from rent after proper notice;
• If the landlord fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice and immediately terminate the rental agreement. ^[15]

Prohibited Lease Provisions

A rental agreement may not include provisions where either party agrees to waive rights under the Act, confess judgment, pay the other party's attorney's fees, agree to exculpation or limitation of liability for damages or injuries caused by either party's acts or omissions in operating or maintaining the dwelling, establish unauthorized liens, or waive the right to summon emergency assistance. ^[16] Any such prohibited provision included in a rental agreement is unenforceable.

If a landlord intentionally inserts lease provisions known to be unenforceable, the landlord may be liable for increased damages. ^[16]