Oklahoma Standard Residential Lease Agreement

Introduction

An Oklahoma residential lease agreement is a legally binding contract between a landlord and tenant establishing the terms and conditions for renting residential property. This document governs the rights, responsibilities, and obligations of both parties throughout the tenancy. Oklahoma residential tenancies are primarily regulated by the Oklahoma Residential Landlord and Tenant Act (ORLTA), found in Oklahoma Statutes Title 41, Sections 101 through 136. ^[16]

This guide provides comprehensive information about Oklahoma residential lease agreements, including required disclosures, security deposit rules, rent payment laws, landlord and tenant obligations, eviction procedures, and remedies for noncompliance.

Legal Framework

The Oklahoma Residential Landlord and Tenant Act applies to most residential rental agreements in Oklahoma. The Act establishes minimum standards for both landlords and tenants. Key statutes include provisions for security deposits ^[1], required disclosures [cite id="2"][cite id="3"]^[4], landlord maintenance duties ^[7], tenant obligations ^[8], and eviction procedures. [cite id="9"]^[10]

Required Disclosures

Oklahoma law requires landlords to provide specific disclosures to tenants at or before the commencement of tenancy. Failure to provide required disclosures may result in penalties and liability for damages.

Owner and Manager Identity Disclosure

At or before the commencement of tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and the name and address of a person authorized to act on behalf of the owner for service of process and receiving notices. This disclosure is mandatory for all residential tenancies. ^[3]

Flooding Disclosure

If the rental premises has flooded within the past five (5) years and the landlord knows this fact, the landlord must include such information prominently and in writing as part of any written rental agreement. 'Flooding' means general and temporary conditions of partial or complete inundation of normally dry land areas from overflow of lakes, ponds, streams, rivers, creeks, or other inland waters. ^[2]

Penalty for Non-Disclosure: Failure to provide flooding information entitles any tenant who is party to the rental agreement to sue the landlord and recover personal property damages sustained from flooding. ^[2]

Lead-Based Paint Disclosure (pre-1978 Properties)

Under federal law, for properties built before 1978, landlords must: (1) disclose known information about lead-based paint and lead-based paint hazards, (2) provide tenants with an EPA-approved pamphlet titled 'Protect Your Family From Lead in Your Home,' and (3) include a Lead Warning Statement in the lease agreement. ^{[5] [17]}

Penalty: Violations may result in civil penalties up to $10,000 per violation and triple damages (three times actual damages) to affected tenants. ^[5]

Methamphetamine Manufacturing Disclosure

Prior to commencement of a rental agreement, if a landlord knows or has reason to know that the dwelling unit or any part of the premises was used in the manufacture of methamphetamine, the landlord must disclose this information to prospective tenants. ^[4]

Security Deposit Laws

Oklahoma law regulates the handling and return of security deposits. ^[1]

Maximum Amount

Oklahoma does NOT impose a statutory maximum on security deposit amounts. Landlords may charge any reasonable amount as a security deposit, subject to market conditions and fair housing requirements. ^[1]

Escrow Account Requirement

Security deposits must be kept in an escrow account for the tenant, maintained in the State of Oklahoma with a federally insured financial institution. The deposit must be kept separate from the landlord's personal funds. ^[1]

Return of Security Deposit

If the landlord proposes to retain any portion of the security deposit, the landlord must return the balance within forty-five (45) days after: (1) termination of tenancy, (2) delivery of possession, AND (3) written demand by the tenant. All three conditions must be met before the 45-day period begins. ^[1]

Itemized Statement Required

Upon termination of tenancy, any security deposit deductions must be itemized by the landlord in a written statement delivered by mail or in person to the tenant. ^[1]

Penalty for Misappropriation

Misappropriation of the security deposit is UNLAWFUL and punishable by: (1) a term in county jail not to exceed six (6) months, AND (2) a fine not to exceed twice the amount misappropriated from the escrow account. ^[1]

Rent Payment Laws

When Rent Is Due

Rent is payable at the time and place agreed upon by the parties. Unless otherwise agreed, rent is typically payable at the beginning of each rental period. ^[16]

Grace Period

Oklahoma does NOT require a statutory grace period for late rent payments. Rent is due on the date specified in the lease agreement. Landlords may begin charging late fees immediately when rent becomes overdue, unless the lease agreement provides otherwise. ^[16]

Late Fees

Oklahoma does NOT impose a statutory maximum on late fees. However, late fees must be: (1) reasonable and related to the actual financial cost incurred by the landlord, and (2) clearly stated in writing in the lease agreement. Excessive or punitive late fees may be contested by tenants and voided by courts. ^[16]

Landlord Obligations

Oklahoma law imposes specific duties on landlords to maintain rental properties. ^{[4] [7]}

Habitability Requirements

The landlord must:

1. Maintain the premises in a safe and habitable condition
2. Keep common areas clean and safe
3. Maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in safe working condition
4. Maintain kitchen appliances and facilities in safe working condition
5. Provide waste disposal outlets ^[4]

Entry by Landlord

Landlords must enter at reasonable times and generally must give 24 hours' notice before entering the dwelling unit. Entry without notice is permitted ONLY in emergencies. ^[16]

Tenant Obligations

Tenants have specific statutory duties under Oklahoma law: ^[8]

The tenant must at all times during the tenancy:

1. Keep the premises safe, clean, and sanitary as the condition permits
2. Dispose of all garbage, rubbish, and waste in a safe, clean, and sanitary manner
3. Keep all plumbing fixtures clean and sanitary
4. Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities safely and non-destructively
5. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises
6. Not engage in conduct that disturbs other tenants' quiet and peaceful enjoyment
7. Not engage in criminal activity that threatens health, safety, or peaceful enjoyment, or any drug-related criminal activity on or near the premises ^[8]

Eviction Notice Requirements

Oklahoma law specifies notice periods landlords must provide before initiating eviction proceedings. ^{[9] [10]}

Non-Payment of Rent

If rent is unpaid when due, the landlord may terminate the rental agreement if the tenant fails to pay rent within five (5) days after written notice of the landlord's demand for payment. The notice must state the amount of unpaid rent and the date the lease will terminate if not paid. ^[9]

Material Lease Violations

If a tenant violates other lease terms, the landlord must deliver written notice specifying the breach and stating the rental agreement will terminate in 15 days unless the tenant remedies the violation within 10 days. ^[10]

Criminal Activity - Immediate Termination

Immediate termination is permitted (no notice or cure period) when a tenant, guest, or person under the tenant's control commits: (1) criminal activity threatening health, safety, or peaceful enjoyment of other tenants, or (2) any drug-related criminal activity on or near the premises. ^[10]

Tenant Remedies for Landlord Noncompliance

If the landlord fails to comply with maintenance obligations affecting health or safety, the tenant has several remedies: ^[7]

Notice and Termination

The tenant may deliver written notice specifying the breach. If the landlord fails to remedy within 14 days, the rental agreement terminates 30 days after receipt of the notice. ^[7]

Repair and Deduct

If repairs cost equal to or less than one month's rent and materially affect health, the tenant may: (1) notify the landlord in writing of intent to correct the condition, (2) if landlord fails to comply within 14 days, make the repairs in a workmanlike manner, and (3) deduct actual and reasonable costs from rent. ^[7]

Immediate Termination

If noncompliance renders the dwelling uninhabitable or poses an imminent threat to health and safety and is not remedied promptly, the tenant may immediately terminate the rental agreement upon written notice. ^[7]

Wrongful Removal or Exclusion

If a landlord wrongfully removes or excludes a tenant from possession (illegal lockout), the tenant may: ^[11]

1. Recover possession through court proceedings, OR
2. Terminate the rental agreement after giving notice to the landlord

In either case, the tenant may recover damages of up to twice the average monthly rental OR twice actual damages, whichever is greater. If the lease is terminated, the landlord must return all security deposits and prepaid/unearned rent. ^[11]

Lease Termination

Termination notice requirements depend on the type of tenancy: ^[6]

Service of Notice: Written notice must be served personally on the tenant or landlord. If personal service cannot be made, notice may be delivered to a family member over age 12 residing at the premises and mailed by certified mail, or posted conspicuously on the dwelling and mailed by certified mail. ^[6]

Property Damage or Destruction

If the rental property is badly damaged by fire, disaster, or unavoidable accident (not the tenant's fault): ^[13]

1. The tenant may immediately move out and stop paying rent
2. The tenancy terminates once the tenant moves out
3. The tenant must inform the landlord within one week of moving out ^[13]

Occupancy Limitations

Oklahoma law presumes that an occupancy limitation of two (2) persons per bedroom is reasonable. ^[12]

Fair Housing Compliance

All residential lease agreements must comply with both federal and state fair housing laws. ^{[14] [15]}

Protected Classes

The Oklahoma Fair Housing Law (25 OS 1451-1508) protects EIGHT protected classes, which is one more than federal law: ^[15]

1. Race
2. Color
3. Religion
4. Sex/Gender
5. National Origin

6. Age (unique to Oklahoma state law - not protected under federal law)

7. Familial Status (families with children under 18)
8. Disability/Handicap ^[15]

Important Notice: No Retaliation Protection

1. Landlords MAY legally retaliate against tenants who report health and safety violations to government agencies

2. Landlords MAY legally evict or raise rent in response to tenants exercising legal rights

3. There is NO statutory protection against retaliatory eviction in Oklahoma

Tenants should be aware that filing complaints or exercising legal rights may result in landlord retaliation without legal recourse under Oklahoma law. ^[16]