Oklahoma Residential Lease Agreement

Important Information for Oklahoma Landlords

Oklahoma Rental Law Highlights

Security Deposits (41 O.S. § 115)

• Maximum Amount: No statutory limit
• Return Timeline: 45 days after tenant vacates (or within 30 days if tenant provides forwarding address)
• Itemized Statement: Required if deductions are made
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Interest: Not required on security deposits
• Penalties: Wrongful withholding may result in liability for twice the deposit
• Written Receipt: Best practice to provide receipt

Rent and Rent Increases

• Grace Period: 5-day minimum grace period before late fees (41 O.S. § 131)
• Late Fees: Maximum 10% of rent amount after grace period
• Rent Increase Notice: 30 days for month-to-month tenancies
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Oklahoma does not have rent control laws
• Partial Payments: Landlord may accept or refuse partial rent

Required Disclosures (41 O.S. § 113)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Name and address of landlord or authorized property manager (41 O.S. § 113)
• Mold disclosure (recommended)
• Smoke detector information
• Emergency contact information
• Pool safety requirements (if applicable)

Eviction and Termination (41 O.S. § 131-137)

• 5-Day Notice: For nonpayment of rent (41 O.S. § 132)
• 10-Day Notice: For lease violations (tenant may cure within 10 days)
• 15-Day Notice: For violations that cannot be cured
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Court Process Required: Forcible Entry and Detainer action for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal (41 O.S. § 123)

Landlord Obligations (41 O.S. § 118)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe and weathertight condition
• Smoke Detectors: Must provide working smoke detectors
• Common Areas: Keep clean, safe, and in good repair
• Pest Control: Generally landlord responsibility
• Repairs: Must make necessary repairs within 14 days of notice

Entry Requirements (41 O.S. § 128)

• Notice Required: 24 hours advance notice (one day)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Abandonment: May enter if property appears abandoned
• Tenant Consent: May enter with tenant’s consent

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to 24-hour notice before entry (41 O.S. § 128)
• Repair and Deduct: May repair and deduct from rent after proper notice (41 O.S. § 121)
• Rent Withholding: May withhold rent for serious violations (41 O.S. § 121)
• Retaliation: Landlord cannot retaliate for complaints (41 O.S. § 113)
• Security Deposit Protection: Double damages for wrongful withholding
• Domestic Violence: Protections for victims under Oklahoma law
• Military Service: SCRA protections for active duty members

Oklahoma-Specific Considerations

Late Fees and Grace Period (41 O.S. § 131)

• Mandatory 5-day grace period before late fees can be charged
• Late fees cannot exceed 10% of the rent amount
• Must be specified in written lease
• Grace period starts from rent due date
• Cannot charge late fees during grace period

Security Deposit Return (41 O.S. § 115)

• Must return within 45 days of tenant vacating
• Or within 30 days if tenant provides forwarding address
• If deductions made, must provide itemized list
• Wrongful withholding results in liability for twice the deposit
• Landlord loses right to withhold if doesn’t comply with timeline

Repair and Deduct Remedy (41 O.S. § 121)

• Tenant may repair and deduct cost from rent
• Must notify landlord in writing of needed repair
• Landlord has 14 days to make repair (or less for emergencies)
• Repair cost cannot exceed one month’s rent
• Must obtain reasonable estimates

Landlord’s Lien (Abolished)

• Oklahoma no longer provides landlord’s lien on tenant’s property
• Cannot seize tenant’s personal property for unpaid rent
• Must use eviction process and judgment collection

Smoke Detector Requirements

• Working smoke detectors required in all rental units
• Landlord must install and ensure functional at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Comply with local fire codes

Abandoned Property (41 O.S. § 130)

• Property considered abandoned if tenant absent without notice
• Landlord must provide written notice to tenant
• Notice sent to last known address
• May dispose of property after specified period
• Must act reasonably in storing property

Fair Housing Requirements

Best Practices for Oklahoma Landlords

• Use written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Provide all required disclosures before tenant signs
• Return security deposits within 45 days (or 30 with forwarding address)
• Honor 5-day grace period before charging late fees
• Limit late fees to 10% of monthly rent
• Give 24-hour notice before entering property
• Keep detailed records of all transactions
• Respond to repair requests within 14 days
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper Forcible Entry and Detainer procedures
• Consider landlord insurance with loss of rent coverage

Weather Considerations (Oklahoma)

• Tornado Season: Provide access to safe shelter (March-June)
• Severe Storms: Address storm damage promptly
• Extreme Heat: Ensure cooling systems functional in summer
• Ice Storms: Maintain heating systems for winter
• Hail Damage: Respond quickly to roof/exterior damage

Oklahoma City and Tulsa Considerations

• Oklahoma City: May have additional rental property requirements
• Tulsa: Check for local rental ordinances
• Local Codes: Verify city-specific requirements
• Rental Licenses: Some areas may require licensing

Resources

• Oklahoma Statutes (41 O.S.) – Title 41, Chapter 7 (Residential Landlord-Tenant Act)
• Oklahoma Bar Association – Real Estate Section
• Legal Aid Services of Oklahoma
• Oklahoma Department of Commerce – Housing Services
• Local housing authorities
• County district courts (for eviction procedures)
• Oklahoma Apartment Association