Oklahoma Rental Laws

Written on August 14, 2014 by , updated on August 24, 2016

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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92 CommentsLeave a Comment

  • Christine

    My brother’s girlfriend moved out of their house and left some of her stuff there and it has been over three weeks. How long does he have to hold her stuff until he can get rid of it?

  • Traci M Crawford

    Can an apartment complex demand a 60-day move-out notice?

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