Looking for clear and concise information on Oklahoma landlord tenant law? Get all your answers from this plain English guide to the Oklahoma Landlord Tenant Act.
OK Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act § 604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
In addition, Oklahoma landlord tenant law disallows landlords from rejecting someone as a renter because of his or her age.
The landlord is also not allowed to reject physically handicapped people as renters or terminate their lease because of their service dogs (unless the rental agreement specifically prohibits such dogs) [OK 41-113.1]
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A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal.
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
In the absence of a rental agreement, the tenancy shall be month to month by default. If the tenant pays rent every week, then the tenancy shall be week to week. [OK 41-110]
Before entering into a rental agreement, Oklahoma landlord tenant law
requires the landlord to disclose the following to the tenant:
Oklahoma landlord tenant law requires all tenancy agreements to contain the following details [OK 41-116.(A)]:
According to Oklahoma landlord tenant law, your lease agreement CANNOT:
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As long as the tenant is agreeable, Oklahoma landlord tenant law doesn't limit the maximum amount of security deposit the landlord can ask for.
Oklahoma landlord tenant law requires the landlord to hold security deposits in an escrow account of federally insured financial institution in Oklahoma. [OK 41-115.(A)]
The landlord does not have to pay the tenant any interest on the security deposit. [OK 41-115.(b)]
Oklahoma landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Oklahoma landlord tenant law) include [OK 41-115.(B)]:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing.
After the tenancy is terminated, the tenant has to demand for the return of security deposit in writing within six months. If the tenant fails to do so, the landlord gets to keep the deposit.
If the landlord intentionally misuses or steals the security deposit, he or she may be fined up to two times the amount that was misused or stolen AND jailed up to six months. [OK 41-115.(A)]
If the landlord transfers his or her ownership of the property to another person (by sale, assignment, appointment, death or other means), the landlord and landlord's agent won't be responsible for the deposit once they do the following [OK 41-115.(C)]:
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Oklahoma City, Oklahoma OK
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment. [OK 41-109.(B)]
There are no Oklahoma landlord tenant statutes on imposing charges for late rent payments.
If the landlord wants to impose late rent charges, it has to be specified in the tenancy agreement. While there are no state laws on late fees, landlords cannot overcharge or impose unfair terms. Otherwise the tenant can refuse to pay and challenge the late fees in court.
Most states consider reasonable late fees to be around 3 to 5% of the rent amount. In addition, landlords should wait until rent payment is at least three days late before charging late fees.
There are no specific Oklahoma landlord tenant statutes on raising rent.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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The Oklahoma Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [OK 41-118.(A)]:
The tenant can be responsible for specific repair, maintenance or alteration tasks if both the landlord and tenant agree to it. These specific tasks and responsibilities have to be stated in writing (separately from the rental agreement). [OK 41-118.(B)]
Oklahoma requires the tenant to inform the landlord of any property defect or problem as soon as possible. [OK 41-125]
If the landlord fails in his or her responsibilities and this affects health and safety, the tenant can give the landlord a written notice stating the problem and giving the landlord 14 days to fix it... or else the lease shall terminate in 30 days. If the problem is fixed within 14 days (of the landlord receiving this notice), the tenancy shall continue. [OK 41-121.(A)]
If landlord fails to fix the problem within 14 days and the defect can be repaired for less than $100, the tenant can make the repairs and deduct the cost from rent. After repairs are made, the tenant has to submit an itemized statement to the landlord. [OK 41-121.(B)]
If the landlord fails to provide an essential service (such as heat, water, electricity, plumbing or sanitation), the tenant may give the landlord a written notice stating the problem and do ONE of the following [OK 41-121.(C)]:
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According to Oklahoma landlord tenant law, the landlord is only allowed to enter the property for the following reasons [OK 41-128.(A)]:
In the above situations, the landlord must inform the tenant at least 1 day in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours.
According to Oklahoma landlord tenant law, the landlord may enter the property without permission in the following situations:
The tenant cannot deny access if the landlord has a valid reason to enter the property. [OK 41-128.(E)] Otherwise the landlord can EITHER
The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. [OK 41-124.(a)]
If the landlord fails to do so or harasses the tenant, the tenant can EITHER
In addition, the tenant may also sue the landlord for actual damages. [OK 41-124.(A)]
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There are no specific Oklahoma landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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Tulsa, Oklahoma OK
Before terminating a tenancy, Oklahoma landlord tenant law requires you to give the other party a written notice to quit in advance [OK 41-111]:
Week to week tenancy |
7 days |
Month to month tenancy |
30 days |
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Landlord entered property illegally |
Immediate |
Property damage due to fire, disaster or unavoidable accident |
Immediate |
If the property is badly damaged by fire, disasters or unavoidable
accidents (that are no fault of the tenant or related people), the tenant can immediately move out and stop paying rent.
The tenancy shall terminate once the tenant moves out. After moving out,
the tenant must inform the landlord that he or she intends to terminate
the tenancy within one week. [OK 41-122]
After the tenant moves out, the landlord must return the security deposit (after any deductions) to the tenant. The tenant won't have to pay rent starting from the date of the fire or disaster, so the landlord must also return any prepaid rent to the tenant.
If only part of the property is damaged, the tenant should move out of the damaged area. The rent amount will be lowered based on how much of the property is still livable.
Oklahoma landlord tenant law requires the landlord and tenant to deliver a notice (to quit) to the other party in person whenever possible. [OK 41-111.(E)]
If the tenant can't deliver the notice to the landlord in person, he or she can send it to the landlord by certified mail.
If the landlord can't deliver the notice to the tenant in person, he or she can deliver it to a family member (who is over 12 years old and staying with the tenant). If the landlord cannot find the tenant or a family member, the landlord can post the notice at a highly visible location at the property AND send a copy of it to the tenant by certified mail.
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According to Oklahoma landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent |
5 days |
Tenant violated tenancy agreement or didn't perform duties |
15 days |
Tenant or related person was involved in illegal activities on property |
Immediate |
If the tenant did not pay rent on time, the landlord can send the tenant a five day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out. [OK 41-131]
If the rent is paid within five days, the tenant may stay. If the tenant tries to pay rent after five days, the landlord may refuse the rent and continue with eviction.
If the tenant violates the tenancy agreement or fails to perform his or her duties (as required by Oklahoma landlord tenant law), the landlord can send the tenant a written notice stating the following [OK 41-132.(A),(B)]:
However if the tenant violates the tenancy agreement (or fails in his or
her duty) in a similar manner AGAIN, the landlord can evict
the tenant immediately. In this
case, the tenant must move out.
If the tenant (or tenant's household or tenant's guest) was involved in illegal activities on the property that threatens the health, safety or peace of other tenants on the property, the landlord can send the tenant a written notice to terminate the tenancy immediately. [OK 41-132.(D)]
The landlord can also terminate the tenancy immediately if the tenant (or tenant's household or tenant's guest) was involved in drug-related criminal activities on or near the property.
According to Oklahoma landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing.
If the landlord forces the tenant to move out with unlawful methods, the tenant can EITHER
In addition, the tenant can also sue the landlord for up to two times the amount of actual damages or two month's rent (depending on which is more). [OK 41-123]
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There are no specific Oklahoma landlord tenant laws on when the property is considered abandoned by the tenant.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
If the tenant's abandoned belongings have no value, the landlord can dispose them directly. [OK 41-130.(A)]
If the tenant's abandoned belongings are of value, the landlord must inform the tenant in writing that if the belongings will be considered abandoned if the tenant doesn't recover them within 30 days. If the tenant doesn't recover the belongings, the landlord can choose to destroy, dispose or sell the belongings.
If the tenant recovers the belongings within 30 days, he or she will have pay the landlord for their storage costs plus any amount owed to the landlord (after deducting from the security deposit first).
If the landlord deliberately violates or neglects Oklahoma landlord tenant law on abandonment, the tenant can sue the landlord for actual damages. [OK 41-130.(E)]
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Oklahoma Landlord Tenant Law: Oklahoma Statutes Title 41 - Landlord and Tenant
Oklahoma Landlord Tenant Handbook: What are Your Rights and Duties as a Tenant?