Oklahoma Rental Laws

Written on August 14, 2014 by , updated on January 27, 2018

flag-of-oklahomaThis article summarizes some key Oklahoma landlord-tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by a local or state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: Interest is not required to be paid on the deposit. (§ 115(B))
  • Separate Security Deposit Bank Account: Security deposit must be kept in an escrow account maintained in the State of Oklahoma with a federally insured financial institution. (§ 115(A))
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days from the date of termination of tenancy and move-out, and tenant must request in writing within six months of move-out that the deposit be returned or it reverts to the landlord. (§ 115(B))
  • Permitted Uses of the Deposit:
    • payment of rent owed
    • damages caused by the tenant’s noncompliance with either the rental agreement or rental statutes. (§ 115(B))
  • Require Written Description/Itemized List of Damages and Charges: Yes, itemized statement of deposit withholdings required to be delivered to the tenant in person or by mail with return receipt requested. (§ 115(B))
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: Misappropriation of the security deposit is punishable by up to six months in county jail and by a fine of up to twice the amount misappropriated from the escrow account. (§ 115(A))

Lease, Rent & Fees:

  • Rent Is Due:  As agreed in the lease (§ 109(B))
  • Rent Increase Notice: No statute, but typically defined in the lease.
  • Rent Grace Period: No statute
  • Late Fees: No statute, but allowed by case law with certain restrictions. (Sun Ridge Investors v. Parker)
  • Prepaid Rent: No statute
  • Returned Check Fees: No statute defining allowable fees for returned checks, though fines and criminal penalties for check fraud are defined by statute. (Title 21, Chapter 61, § 1541.1)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): After giving landlord written notice of breach of statutory Landlord Duties, tenant may procure the essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent. See statute for other tenant options. (§ 121)
  • Tenant Allowed to Repair and Deduct Rent: For repairs up the $100, for conditions affecting health, tenant must notify landlord in writing of intention to do the repair at the landlord’ expense after 14 days. If after 14 days landlord has not remedied the situation, or sooner if emergency conditions warrant, tenant may have the repair done and then, after submitting an itemized statement to the landlord, deduct the reasonable amount of the repair from the rent. (§ 121(B))
  • Landlord Allowed to Recover Court and Attorney Fees: Yes, the prevailing party in any residential rental-related lawsuit is entitled to reasonable attorney fees. Rental agreements, however, may not include any provision for either party to pay the other party’s attorney fees. (§ 105(B))
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (§ 105(A)) and (§ 129(B))
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply expires. (§ 111(C))
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice (§ 111(A))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day written notice for any lease that is less than month-to-month (§ 111(B))
  • Immediate Termination of Tenancy: Yes, if tenant violations of the rental agreement or statutory Tenant Duties cause or threaten to cause imminent and irreparable harm to the premises or any person, and which the tenant has not remedied as promptly as conditions require once notified. Landlord may also immediately terminate the lease for drug-related criminal activity, or any other criminal activity that threatens health, safety or peaceful enjoyment of the premises. (§ 132(C) and (D))
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination for Nonpayment: Landlord may terminate the rental agreement if tenant fails to pay rent within five days of landlord having given written demand for payment. Furthermore, notwithstanding the five-day grace period, landlord may begin an action for recovery of the rent at any time if rent is unpaid when due. (§ 131)
  • Termination for Lease Violation: 15-day written notice for tenant noncompliance with either the rental agreement or with statutory Tenant Duties, but tenant has 10 days to remedy to avoid termination. (§ 132(B))
  • Required Notice before Entry: One-day notice (§ 128(C))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, with one-day notice and entry allowed only at reasonable times (§ 128(A) and (C))
  • Entry Allowed with Notice for Showings: Yes (§ 128(A))
  • Emergency Entry Allowed without Notice: Yes (§ 128(B))
  • Entry Allowed During Tenant’s Extended Absence: Allowed only if tenant has abandoned or surrendered the premises. (§ 128(D))
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§ 123)
  • Utility Shut-offs Allowed: No (§ 121(C))

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Landlord must disclose to the tenant in writing at or before the start of the tenancy the name and address of the owner of the premises as well as that of any authorized property manager, and of anyone authorized to act on behalf of the owner for receipt of service or notices. (§ 116(A))
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute. Directories of local support organizations across the state are provided by the Oklahoma Coalition Against Domestic Violence & Sexual Assault and An Abuse, Rape, and Domestic Violence Aid and Resource Collection (AARDVARC).
  • Landlord’s Duties: (§ 118(A))
    • Repairs: Make all repairs and do whatever is necessary to put and keep the tenant’s unit and premises in a fit and habitable condition; and
    • Common Areas: Except for single-family homes, keep all common areas in a clean, safe and sanitary condition; and
    • Maintenance: 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; and
    • Garbage: Except for one or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles for the removal of garbage and other waste incidental to occupancy and arrange for their frequent removal; and
    • Water and Heat: Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the unit, supply running water and reasonable amounts of hot water at all times and reasonable heat.
  • Tenant’s Duties: (§ 127)
    • Compliance: Comply with all covenants, rules, regulations and the like which are in accordance with § 126 – Tenant’s Use and Occupancy of Premises – Rules and Regulations;
    • Cleanliness: Keep that part of the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose of all garbage and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the unit or used by the tenant as clean as their condition permits;
    • Appliances: 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;
    • Lawful Activity: Not engage in criminal activity that threatens the health, safety, other tenants’ peaceful enjoyment of the premises or is a danger to the premises, and not engage in any drug-related criminal activity on or near the premises either personally or by any member of the tenant’s household or any guest or other person under the tenant’s control;
    • Quiet Enjoyment: Conduct oneself and require others on the premises with tenant consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
  • Retaliation: No statute
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Tenant Options in Case of Fire: If the rental unit is significantly damaged by fire that is not tenant’s fault, tenant may:
    • Immediately vacate and give one-week written notice to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
    • If continued occupancy is possible, vacate the unusable part of the dwelling unit, in which case the tenant’s liability for rent is reduced in proportion to the reduced fair rental value of the unit. (§ 122)
  • Denial or Termination of Tenancy to Blind Person Because of Guide Dog: Landlord cannot deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the person’s guide, signal or service dog unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985. (§ 113.1)
  • Disclosure of Prior Methamphetamine Manufacture: Prior to the start of a rental agreement, if landlord knows or has reason to know that the unit or any part of the premises was used in the manufacture of methamphetamine, landlord must disclose this information to a prospective tenant. See statute for exception to disclosure requirement. (§ 118(C))
  • Disclosure of Flooding within Past Five Years: If the rented premises has been flooded within the past five years, the landlord must notify tenants prominently of the fact in the rental agreement. Failure to provide such information shall entitle any tenant to sue the landlord for personal property damages sustained by the tenant from flooding of the premises. (§ 113(A))

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
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152 CommentsLeave a Comment

  • Tiffany

    I moved into my house about a week ago and my electricity stopped working in one of my bedrooms 3 days after moving in Its been 6 days since I’ve notified her calling every day and getting the same response “I’ll call my electriction today” and also the a.c. that was in here when I moved in started leaking water yesterday I called this morning and she said it wasent her responsibility bc it’s not her a.c it was left here. And also I have spiders everywhere is she responsible for pest control. I would just like to know what my legal rights are?

  • Kasey kelley

    I am getting evicted because the father of my children whom has been gainfully employed while i stayed at home with our 1 and 3 year old, decided in june that he was leaving us for good. Left me scrambling to move out or find a way to pay $1500. Luckily i was able to find help within my family. This relationship was volatile from the beginning. It started innocent enough by throwing something at tge wall, to shoving boxes at me causing me to tumbke, to really violent rage such as choking me unconscious to the point of urinating myself and waking up gasping for air. So in june it was the last draw and i swung at him with the plastic vacuum tube attachment after he choked me and punched me 7 times in the ribs. So i try to get out of my lease

  • Kasey kelley

    After paying 1500 for junes rent and my landlord tells me he will let me off the contract only if i can be out in 1 week. I have 3 children and no where to go. So i come up with july rent and here it is aug. I cannot pay it and secure another place. We have lived here 2 years he knows who pays what. He files and eviction but before the gearing ever comes shuts my water off and then my electric the folkowing monday. My hearing is tomo i dont know what to do. Help advice anyone please?

  • anitar marquez

    i have lived in my apt for the past 5yrs,,for the past 8 mos it hv bn under new manage,,today i recieved a notice on my door saying i have to sign a “death directive” wen i go to pay nxt mos rent,,if i refuse can the manager evict me?

  • Tammy Bates

    I have a question. This pertains to the eviction process in Oklahoma. If the 48 hr notice has been served, but the landlord agreed to let you pay the past due amount and also accepts money from you. If the money is not paid as agreed does the landlord have to start the eviction process again or can they enforce 48 hr notice and make you leave immediately. Even of it has been a week since the 48 hr notice was posted.

  • Brittany

    I have lived in my apartment for almost 5 years. I have had countless flood and leaks through out the years, of which I have not complained. Just a few days ago there was a main plumbing clog that forced toilets, sinks, and drains to not work properly causing my floor to flood. This is the second time the same carpet has been flooded and this time it’s with toilet water, gross. I was wondering if there is a certain amount. of time in which the carpet can be replaced because of multiple floods or just plain time. Thanks in advance. I can’t find any oklahoma laws on this.

  • Vicki Lenard-Moyer

    I have lived in my apartment since the weekend of Thanksgiving. Within the first few days my thermostat went out. They were able to fix the heat part, but it took another day or so to fix the a/c part. Within the same time frame I had bed bugs. I didn’t have any furniture except for a bed which I had just bought, so I believe the bugs came from the apartment. The apartment complex ended up doing a 3-week spraying treatment. That was about two weeks ago. Now here it is the 16th of January, and I have bed bugs once again. I’m wondering if there’s any statute possible to break a lease and move out. I am basically living out of tubs. I feel like I can’t get comfortable living here with everything happening. If there is a way, please help me.

  • Pamela

    My mrg came with maintenance man changed my lock made me move out and would not take my rent now a yr later she put 1700 on my credit no i was not given any eviction notice just locks changed and made move out

    • Pat

      Did the landlord put the window unit in or your son? If the landlord did ,he is supplying your son with ac. If your son supplied them he still has ac.
      I do not know what state he lives in but in my state I do not have to supply ac but I do and if you do not change the the filters in the enteral ac unit it can clog up the unit. Check your landlord tenant laws in your state most of them are online.

    • Pat

      Sorry wrong response. To you she needs to give you proper notice Therese it was a wrongful eviction. Check the landlord tenant act of Ok online and you may have to consult a attorney.

  • Sandra Renee Woods

    I need to know how to get my daughter 19 years old out of a lease the apartment in Norman was infested when they moved in she has bites all over her that is leaving scars they said theres nothing they can do to get her out of lease im sure by now furniture ruint and its about to make her sick they are spraying once a week not doing any good . Can I sue to terminate the lease ?

  • Thomas G

    I have been living in a Apartment-Hotel for 24 months in Edmond, OK. I have twice signed a 52 week lease. Does the Landlord Tenant Act become effective after 30 days? 6 months or 1 year?
    The property owner enters tenants apartments without notice just to what he calls, “ inspect the apartment.” Do we not have the right to privacy? Are we not considered tenants after 30 days?

  • Elisa Treat

    Hello I’ve lived in my trailer now for almost 3 1/2 years. When I moved in i was informed by the neighbors and others in the town that he was a slumlord now for granted we arent the best at making sure everything is paid on time but we have never been more than a few weeks behind every time we have been late we have made arrangements with our landlord to pay Ann amount on a later data he has agreed to all of them my husband and I have lost outs jobs and we informed him of that and informed him that we were actively looking for jobs and filling for unemployment when I got my first checkof unemployment he agreed to $200 That week and that I would get another check in two weeks and each week after and 100 was his until we were caught up

  • Joani Berry

    How many layers of carpet is legal in a rental property?

    • PATTI

      We no longer have carpet in our rentals. It is expensive to clean them. But in my opinion one layer of pad and one layer carpet. I would not put carpet on top of another.

  • Denise

    My apartment lease came up for renewal and they have added a $700 security deposit. Is this legal? Also they added a charge for an additional $144.74 for the first month.

  • Donna Serjeant

    My son just moved into a single family home, in the lease it states items furnished hot water heater, and any heating or air conditioning systems. His ac is not working, he let the landlord know and all he said was window units. Since it’s in the lease that the landlord supplies this, doesn’t this mean he has to supply the window units?

    • Pat

      Did the landlord put the window unit in or your son? If the landlord did ,he is supplying your son with ac. If your son supplied them he still has ac.
      I do not know what state he lives in but in my state I do not have to supply ac but I do and if you do not change the the filters in the enteral ac unit it can clog up the unit. Check your landlord tenant laws in your state most of them are online.

  • Beverly Cooke

    I have rental property in Ottawa County in Oklahoma. We do not have a written contract but I do have things in writing concerning the rental. Renter has been in rental for about 5 1/2 months. Renter has been vacant from property for past 60 days or more. Rent has never been paid on time and at one point was 45 days late for one month and 15 days the next. Renter is behind 3 months on electric payment. I gave renter written notice to vacate by end of August. Renter agreed then told me they would vacate by the 12th. My question is can I legally change locks and take possession of my property at midnight of the 12th. What legal actions can I take on back electric bills?

    • Pat

      My tenants pay for their own utilities. That way it is not the landlords. If you collected a security deposit keep it and if they still owe you for rent and utilities. Send them a statement for what they owe you and if they don’t. Take them to court. Also if they left damages to your property charge them for that too.

      • Beverly Cooke

        She was supposed to transfer utilities, never did and now I know why. Since she gave me written notice that she would be out by the 12th can I change the locks at 12:01 and take possession though she may not be moved out? She has yet to do what she says she will do. Thank you

  • Beverly Cooke

    If tenant has not vacated property by midnight of day they gave written notice for, as landlord can I change locks and regain possession of said property.

  • carol dyas

    i have bedbugs. my entire 10 story ..11 counting the basement has bedbugs. they are making us pay to spray is that legal? do they by law have to spray the enclosed hallways and the shared laundry room.. and the community rooms like the 2nd floor where they pay games and the ballroom where they just had a dance?

    • Patricia

      Who is they? Is this a single residential house or a building? If your property is infested with bedbugs and people live there or it is a business. I had to do this on one of my properties because someone visiting and infested their couch. We had a to at the cost of 1100.00.

  • Delia Newman

    If the tenant and landlord agree to ptp(promise to pay) and tentant held up agreement and landlord file for nonrental payment and tenant goes to court judge dimiss case is tented responsible for landlords fee (attorney & filing fees )been living here for 5 years and have not not ever paid rent or late fees judge did not order for me to pay but landlord keeps threating me with warning evictions or pay or quit papers or filing again for the same thing going after the attorney fee and filing fees what should i do

  • Juan Saucedo

    Im owner of home relitave has been living in home for few yrs now . family member has moved in a friend . the family member is no longer living in home .. Friend wont leave. Says family member allowed him/her to live there. I as owner was not aware of friend moving inn . no rent or move in agreement was ever made with me.

    • Patti

      You have to evict this person.

      • Juan Saucedo

        30 day eviction is past due as a civil matter .. Person has not left .. Says wont leave till court order is made .. Person has sold and taken lots of property left behind by family member.. No rent or utilities have been paid for since there was never an agreement . . can i cut utilities off or will i get in trouble for doing so and will i get paid back for property lost and utilities bei g paid for by me. Small claims court will be processed once courts get back in session mean while im stuck with free loader and thief any way around it to kick them out and get money for whats been taken.

  • Anita

    I have lived in my apartment for 3 months and the kids next door broke my full length window. The next day maintenance came and covered the broken part with a piece of wood. It’s been 40 days now and I still haven’t gotten glass replaced and I see them replacing stairs and remodeling other units. What should I do??

    • Patti

      Call your apartment manager ask them when they are going to fix the window. If that does work find out who owns the apartments and call them and explain that you neighbor kids broke the full length window out and when are they going to replace it. It is manager job to get things fix.

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