Oklahoma Landlord Tenant Laws

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

  • There’s no state caps on the maximum security deposit amount in Oklahoma.
  • Landlords have 45 days to return security deposits in Oklahoma.
  • Landlords are required to supply an itemized list of any deductions made to the deposit.

RENT CONTROL

  • Oklahoma state law forbids rent control laws.
  • There is no set notice period before a rent increase. Landlords must however, act in good faith and provide 'reasonable' notice.

NOTICE OF ENTRY LAWS

RE-KEYING LAWS

  • No statute.

RENTAL AGREEMENT

  • While oral lease agreements for less than a year are generally enforceable, rental agreements that go over this mark must be in writing.
  • It's always advisable to put your rental agreements in writing to avoid potential legal disputes.

LATE FEES & GRACE PERIODS

  • Late fess are allowed, however, they must be reasonable and related to the actual financial cost the landlord incurred.
  • there is no required grace period in Oklahoma.

SMOKING LAWS

  • No statute.

PET LAWS

  • Seperate pet deposits are allowed in Oklahoma. Typically they range between $200-$500.

SECTION 1

Oklahoma Landlord-Tenant Rights and Responsibilities

Below is an overview of some of the rights and responsibilities of both landlords and tenants in Oklahoma.

Tenant’s Rights and Responsibilities

Rights

  • Oklahoma tenants have the right to a habitable dwelling
  • Oklahoma tenants have the right to privacy
  • Oklahoma tenants have the right to peaceful possession of the rented property
  • Oklahoma tenants have the right to security deposit return
  • For issues fixable under $100 (up to one month's rent after November 1, 2022), tenant can notify landlord to fix within 14 days, or tenant can fix and deduct costs from rent.

Responsibilities

  • Tenants in Oklahoma are required to pay rent on time
  • Tenants in Oklahoma are required to use the property in a manner that does not cause damage or disruption.
  • Tenants in Oklahoma are required to comply with all the terms and conditions stated in the lease agreement.
  • Tenants in Oklahoma are required to report any necessary repairs or maintenance issues to the landlord in a timely manner.

Landlord’s Rights and Responsibilities

Rights

  • Landlords in Oklahoma have the right to receive timely rent.
  • Landlords in Oklahoma have the right to expect their property to be used appropriately and maintained in a good condition.
  • Landlords in Oklahoma have the right to be informed about any maintenance issues in a timely manner.
  • Landlords in Oklahoma have the right to start eviction process if a tenant continually fails to pay rent, causes significant damage to the property, or violates any other terms of the lease agreement.
  • Landlords in Oklahoma have the right to access the rented property to carry out necessary repairs or maintenance.

Responsibilities

  • Oklahoma landlords are obligated to ensure that the rental property meets basic health and safety standards.
  • Oklahoma landlords are obligated to adhere to federal and state fair housing laws.
  • Oklahoma landlords are obligated to adhere to all the provisions within the lease agreement.
  • Oklahoma landlords are obligated to manage the tenant’s security deposit properly, according to Oklahoma laws.
  • Oklahoma landlords are obligated to provide the tenant with reasonable notice before accessing the property, except in cases of emergencies.

Required Notices Before Entry

Are landlords in Oklahoma required to give notice before entering the property?

Yes. Unless the property is abandoned landlords have no right to access the property except with property notice.

Landlords must give at least 1 days notice prior to entering an occupied rental property and they may only enter during “reasonable’ hours.  

Are landlords in Oklahoma allowed to enter the property in the case of an emergency?

Notice to entry requirements are waived in the case of an emergency.

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

Late Fees for Rent and Grace Periods in Oklahoma

Landlords are allowed to impose late fees for defaults on rents in Oklahoma. However, the late fee must be reasonable and related to the actual financial cost the landlord incurred. See Sun Ridge Investors v. Parker.

Additionally, landlords are not required to give a grace period before charging a late fee.

Source: Landlord & Tenant - Rights and Duties | OKLaw.org, What Are Your Rights and Duties as a Tenant? | Oklahoma Bar Association.org, What are Your Rights as a (Residential) Landlord? | Oklahoma Bar Association.org.

SECTION 2

Oklahoma Rent Increase Laws

Oklahoma state law forbids its cities and states from passing their own rent control laws and does not contain any rent control legislation. This gives residential landlords the freedom to set their rent rates and raise them whenever they see fit, provided that it doesn't interfere with the lease terms.

Furthermore, landlords in Oklahoma are not obligated to give tenants a grace period before assessing a late fee if they fail to pay their rent on time. The late fee ought to make sense and be commensurate with the real expenses the landlord faced.

Notice Required to Raise Rent in Oklahoma

Under Oklahoma law, there is no set notice period before a rent increase. Landlords must, however, act in good faith, which means that when raising rent, they must give the renter adequate notice.

For example, for a month-to-month lease 30 days typically serves as a ‘reasonable’ notice of a rent increase.

Limitations to Oklahoma Rent Increase Laws

In Oklahoma, unless the lease agreement specifies otherwise, landlords are not allowed to increase the rent if It is in the middle of the specified period of the lease.

Landlords are also prohibited by Oklahoma law from raising rent if they find out or have reason to believe that a renter is a victim of stalking, domestic abuse, or sexual assault. We call this "retaliation."

One of the protected classes listed in the Fair Housing Act is discriminated against by the way the increase is implemented.

Source: Oklahoma Statutes - Title 41. Landlord and Tenant | Oklahoma Senate.gov

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SECTION 3

Oklahoma Rental Agreement Laws

An Oklahoma lease agreement is a formal rental contract that is signed by a landlord (lessor) and a potential renter (lessee). This contract outlines the laws controlling tenancy and occupancy rights in the state of Oklahoma.

As per Oklahoma law, a standard lease agreement is expected to clarify the terms and conditions of the lease, define tenants' and landlords' rights and duties, and give both parties legal protection.

Are Oral Lease Agreements Legally Binding In Oklahoma?

While oral agreements are generally enforceable in Oklahoma, there are some caveats to this.

Under contract law in Oklahoma, there are certain types of contracts that have to be written to be enforceable. Contracts types that must be in writing include, amongst other things, "contracts for leasing real property for terms longer than one year”.

Meaning, while an oral lease agreement for less than a year may be enforceable, rental agreements that go over this mark should be written.

It’s always advisable to put the lease agreement in writing, no matter the length, to avoid potential legal disputes in the future.

What Should Be Included in an Oklahoma Lease Agreement?

Here are some of the key components that should be included in an Oklahoma lease agreement to ensure a smooth and fair rental experience for all parties involved.

  • Details of both parties involved.
  • Description of the property and relevant disclosures
  • The lease terms and conditions
  • Details concerning rent and security deposit(s)
  • Both parties’ responsibilities concerning maintenance and repairs
  • Details about available utilities and services, with both parties’ responsibilities concerning maintenance.
  • Conditions surrounding early termination and lease renewal
  • Additional clauses regarding rent increase, subletting, property use, renovation and alterations.

Free Resources: Oklahoma Standard Residential Lease Agreement | eForms

Source: Lease Agreement Instructions | Oklahoma.gov

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SECTION 4

Oklahoma Security Deposit Laws

Maximum Security Deposit Limits In Oklahoma

There’s no state legislation that caps the amount landlords can charge for security deposits in Oklahoma.  As long as the deposit amount is specified in the leasing agreement, they are free to charge whatever amount they want.

However, while the deposit amount is not capped, landlords typically charge between one and two months' rent.

Are Pet Deposits Allowed In Oklahoma?

Landlords in Oklahoma are permitted by law to request an extra pet deposit from tenants. While there’s no state law that dictates the amount landlords can charge for pet deposits, landlords typically charge between $200 and $500.

However, as per Oklahoma Fair Housing Law, landlords are prohibited from demanding pet deposits or discriminating against renters with service animals.  

What Can Landlords Deduct From the Deposit In Oklahoma?

Tenant deposits may be withheld by landlords in Oklahoma under specific circumstances, which are often specified in the lease agreement. Here are typical deductions from a security deposit that a landlord may make:

  • Unpaid Rent: Landlords can deduct from a tenant’s security deposit to cover any unpaid rent that the tenant owes, including the rent from the previous or current month.
  • Utility Costs: The landlord has the right to take money out of the security deposit if the renter is not paying the utilities or any overdue bills.
  • Property Damage: It is possible for landlords to deduct the cost of fixing any damages (such as holes in walls, broken fixtures, damaged appliances, and excessive stains on carpets) caused by the tenant's actions above and beyond regular wear and tear.
  • Cleaning Fees: If thorough cleaning is required, landlords can deduct the cost of cleaning the rental property to get it back to the condition it was in when the tenant moved in from the security deposit.
  • Lease Termination Fees: If specified in the lease agreement, early termination fees can be deducted from the security deposit when the tenant breaks the lease agreement.
  • Late Fees or Penalties: The landlord may deduct these from the deposit if the tenant has late fees or penalties as specified in the lease agreement.

How Must Landlords Hold Security Deposits In Oklahoma?

Owners of rental properties in Oklahoma are mandated to hold their renters' security deposits in escrow accounts. The financial institution holding the account must be federally insured and have a physical address in Oklahoma, per state law.

(OK Stat § 41-115 (A))

How Long Do Landlords have To Return Security Deposits In Oklahoma?

After a tenant vacates, Oklahoman landlords have precisely 45 days to refund the security deposit to the tenant. They are also required to submit the itemized list of deductions along with the remaining amount during this time if they have taken any deductions from the tenant's deposit.

It’s important to note that tenants can contest deductions in court if they think you’ve improperly withheld their security deposit. If the tenant wins the lawsuit, the landlord might be liable to pay the whole security deposit back, together with any damages and legal and court costs.

(OK Stat § 41-115 (E))

Do Landlords Have To Pay Interest On Security Deposits In Oklahoma?

There are no statutes that mandate landlords to pay tenants for any interest accrued on the security deposit.

Source: Oklahoma Statutes - Title 41. Landlord and Tenant | Oklahoma Senate.gov

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SECTION 5

Oklahoma Eviction Process and Law

An eviction lawsuit in Oklahoma is formally known as a “Forcible Entry and Detainer” case.

While the process varies from county to county, evictions in Oklahoma usually follow the same steps. The eviction process usually starts with the landlord sending an Oklahoma notice to quit to the tenant.

After the notice period, the landlord can proceed to file a forcible entry and detainer lawsuit if the tenant fails to correct the infraction or leave the property. The case would go through a trial, and the judge would pass a verdict.

If the landlord wins, they can request the help of a local sheriff to enforce the eviction order.

Grounds for Eviction in Oklahoma

Landlords in Oklahoma are not allowed to evict a tenant without a valid reason.  Below are some of the common grounds for eviction recognized under Oklahoma law.

  • Not making rent payments.
  • Breaching of the lease or renting agreement, such as bringing in animals against permission
  • Engaging in unlawful behavior on the premises
  • Causing harm to the leased property

Oklahoma Eviction Notice

Before filing an eviction lawsuit, landlords in Oklahoma are required to provide the tenant with an eviction notice. The notice should indicate how long the tenant has to make any violations of the lease right.

Here's a summary of the requirements for Oklahoma eviction notice:

  • Notice To Terminate Tenancy For Nonpayment Of Rent: Landlords are required to give tenants a 5-day notice to pay or quit (Ok. Stat. § 41-131(B)).
  • Notice To Terminate Tenancy For Lease Violation: Landlords are required to give tenants a 15-day notice to quit or a 10-day notice to cure, when applicable (Ok. Stat. § 41-132(B)).
  • Unconditional Notice to Quit: This notice is for serious violations, such as drug-related crimes that endanger other tenants' health, safety, or ability to enjoy their rent-free lifestyle. There is no chance to correct the infraction, and eviction occurs immediately. (Ol. Stat. § 41-132(C-D)).

Oklahoma Eviction Process

The total timeline for completing the eviction procedure in Oklahoma ranges from 12 to 47 days, depending on the grounds for eviction.

Here is an overview of the procedures for evicting a renter in Oklahoma:

  • Give appropriate notice to renter: Tenants have the right to get a written notification from the landlord for evictions. This notice must explain the grounds for the eviction and comply with the state's regulations on the notice period and mode of delivery.
  • Wait for the notice period to end: Whether it's paying past-due rent, making good on a lease breach, or leaving the property, the landlord has to provide the renter the whole time allotted in the notice to take care of the infraction.
  • Filing a forcible entry and detainer suit: The landlord may file a forcible entry and detainer suit in the proper court if the renter disobeys. This entails providing comprehensive supporting documentation, such as the lease agreement, the eviction notice, and any other pertinent documents.
  • Attend court hearings and receive judgment: Both the landlord and the renter have the chance to state their cases during the court hearing. After that, the judge will make a decision based on the case's merits. To gain favorable judgment, the landlord has to demonstrate that they followed all legal procedures and had a good justification for evicting the tenant.
  • Execution of eviction: The court will issue An eviction order if the landlord wins. Typically, the tenant has a short window of time (set by the court) to vacate the property.
  • Removal of tenant: If the tenant doesn't leave, the landlord can ask the court for a writ of assistance. Law enforcement may physically evict a renter from the premises with the use of this writ.
  • Handling tenant’s belongings: If the tenant leaves personal belongings behind, the landlord must handle and store them in accordance with Oklahoman laws.

Source: Eviction process | Oklahoma.gov, Property Manager's Guide to The Eviction Process in OK | Nolo

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SECTION 6

Oklahoma Rental Application and Tenant Screening Laws

There aren't many laws in Oklahoma that control the rental application and tenant screening procedure. For example, the state does not mandate that a landlord repay rental application fees to a prospective tenant in the event that they are rejected, and there is no limit on the amount that landlords can charge for a rental application.

Furthermore, as long as the inquiries on the rental application do not result in any kind of housing discrimination as defined by the Federal Fair Housing Act, landlords are free to ask any questions on the application.

Moreover, Oklahoma does not restrict the scope of background checks that a landlord may conduct; nevertheless, they are required to first secure the tenant's signed consent.

What to Include

To make the rental application process effective, here is a list of crucial request to include in your Oklahoma rental applications:

  • Personal information
  • Details about employment, such as the name of a current employer
  • Income details
  • Personal references
  • Credit history
  • Rental history
  • Space for signature granting written consent for a credit check

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SECTION 7

Oklahoma Laws Around Breaking a Lease for Landlords and Tenants

Breaking a lease early can be a difficult experience for both tenants and landlords. However, there are usually provisions for this type of situation in the lease agreement. This could mean the tenant has to pay lease termination fees or outlines the landlord’s responsibility to find a new tenant.

Under Oklahoma rental laws, there are some legal protections for certain situations that allow both parties to legally break a lease without any penalty. So, it's important that both landlords and tenants understand the requirements regarding breaking a lease agreement in Oklahoma.

Notice Requirements to End a Rental Lease in Oklahoma

Both tenants and landlords in Oklahoma are required to give written notice prior to terminating a lease. The amount of notice required depends on the type of lease agreement in place, including:

  • Notice to Terminate Tenancy – Week-to-Week Lease: Landlords or tenants are required to give a written notice of termination at least 7 days in advance. It is not necessary to give a justification for termination. (Ok. Stat. §  41.111(A))
  • Notice to Terminate Tenancy – Month-to-Month Lease: Either the landlord or the tenant may end monthly tenancy, but legal notice of at least 30 days to the other party is needed. (Ok. Stat. §  41.111(B))
  • For fixed-term leases: When it comes to fixed-term leases, notification is not required. (Ok. Stat. §  41.111(C)). However, giving notice helps to clear up any misunderstandings or confusion regarding the end of tenancy. It could be spoken or written. Typically, tenants give landlords at least 30 days' notice.

Legally Valid Reasons For Breaking A Lease In Oklahoma

There are certain crucial exceptions to the general rule that a tenant who breaks a lease owes the rent for the whole lease duration. Tenants may be able to legally move out before the lease term finishes in the following scenarios.

  • Active Military Duty
  • Unsafe or Violating Health/Safety Codes
  • Landlord Harassment or Privacy Violations
  • Loss of Job
  • Illness or Death
  • Job Transfer

Source: Tenant's Right to Break a Rental Lease in Oklahoma | Nolo, (Ok. Stat. §  41.111)

SECTION 8

Oklahoma HOA Laws

Below is an overview of some Oklahoma HOA laws that often apply to homeowners associations:

Oklahoma Real Estate Development Act

The Oklahoma Real Estate Development Act (REDA), which is contained in Title 60 Chapter 17 of the Oklahoma Statutes  governs all homeowner's associations in Oklahoma. This act clearly defines the jurisdiction of owners' associations, which are composed of separately owned parcels with common interests. (Oklahoma Real Estate Development Act)

Oklahoma Unit Ownership Estate Act

This legislation creates a broad legal framework in Oklahoma for the creation, management, responsibilities, power, and operation of condominium organizations. (Oklahoma Unit Ownership Estate Act)

Oklahoma Fair Housing Law

Residents of Oklahoma are safeguarded against housing discrimination on the basis of race, gender, age, national origin, disability, familial status, religion, and color by the Oklahoma Fair Housing Law.

It is comparable to the federal Fair Housing Act (FHA) in that it offers state-level protection against discrimination. HOAs need to be aware of this rule since it penalizes unfair treatment of current and prospective homeowners. (Oklahoma Fair Housing Law)

Oklahoma General Corporation Act

For the most part, Oklahoma's HOAs that are incorporated as nonprofit organizations fall under the purview of the Oklahoma General Corporation Act. Further relevant laws for nonprofit entities are included in Chapters 14 and 19 of Title 18 of the Oklahoma Statutes. (Oklahoma General Corporation Act)

Service Members Civil Relief Act

This statute protects active duty members from collection actions and foreclosures while they are away on active duty. It also protects reservists who have been activated and members of the National Guard who have been engaged for more than thirty days. (Service Members Civil Relief Act).

SECTION 9

Oklahoma Squatters Rights Laws

According to Oklahoma's squatter's rights law (or adverse possession law), a squatter may be able to claim property if they have lived there for at least 15 years and have paid property taxes for the previous five of those years.

However, before the squatter can file an adverse possession claim for the property, the US requires the squatter to fulfill several additional requirements.

Requirements to Make an Adverse Possession Claim

Here are the additional conditions a squatter must fulfill to gain Oklahoma squatter's rights  and apply for adverse possession of property:

  • Actual Possession: The squatter has to be present on the property and handle it with the same care as an owner.
  • Hostile Claims: Hostile, in this sense, is in its legal context. The squatter has to occupy and use the property without realizing its legal position.
  • Open and Notorious Possession: Everybody should know that the squatter is occupying the land; therefore, concealing is not an option.
  • Exclusive Possession: In order to have exclusive possession, the squatter must not share the property with anyone else.
  • Continuous Possession: Oklahoma's adverse possession legislation prohibits squatters from leaving for weeks or months at a time, requiring them to have a documented, continuous 15-year possession duration. Throughout this whole period, the tenant's tenure on the property must be continuous.

Source: Section 93 - Limitation of real actions, Okla. Stat. tit. 12 § 93, State-by-State Rules on Adverse Possession | Nolo.

SECTION 10

Oklahoma Landlord Tenant Legal Resources

Documents and Forms

Legal Resources

Oklahoma State Agencies & Regulatory Bodies

Oklahoma Housing Authorities

Realtor, Landlord, and Tenant Organizations

Oklahoma REALTORS® Associations

Oklahoma Landlord Associations

Oklahoma Tenant and Affordable Housing Organizations

DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.