Find the solutions to your Oklahoma landlord tenant law problems here with our full guide to the Oklahoma Landlord Tenant Act.
OK Landlord Tenant Law:
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.
A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, Oklahoma landlord tenant law disallows landlords from discriminating 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 prohibits such dogs) 41 O.S. § 113.1
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
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. 41 O.S. § 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 41 O.S. § 116.(A) requires all tenancy agreements to contain the following details:
According to Oklahoma landlord tenant law 41 O.S. § 113.(A)(1), your lease agreement CANNOT:
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. 41 O.S. § 115.(A)
The landlord does not have to pay the tenant any interest on the security deposit. 41 O.S. § 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 41 O.S. § 115.(B) include:
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. 41 O.S. § 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:
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. 41 O.S. § 109.(B)
There are no Oklahoma landlord tenant statutes on imposing charges for late rent payments.
There are no specific Oklahoma landlord tenant statutes on raising rent.
The Oklahoma Landlord Tenant Act 41 O.S. § 118.(A) requires the landlord to maintain the property in a safe and habitable condition:
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). 41 O.S. § 118.(B)
Oklahoma requires the tenant to inform the landlord of any property defect or problem as soon as possible. 41 O.S. § 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. 41 O.S. § 121.(A)
May 2022 Update: If landlord fails to fix the problem within 14 days and the repairs cost one month's rent or less, the tenant can also choose to inform the landlord in writing that he or she intends to make repairs (at the landlord's expense). After making repairs and submitting an itemized bill to the landlord, the tenant can deduct the repair costs from rent. 41 O.S. § 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:
According to Oklahoma landlord tenant law 41 O.S. § 128.(A), the landlord is only allowed to enter the property for the following reasons:
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. Otherwise the landlord can EITHER
The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. 41 O.S. § 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.
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There are no specific Oklahoma landlord tenant laws on subletting.
Tulsa, Oklahoma OK
Before terminating a tenancy, Oklahoma landlord tenant law 41 O.S. § 111 requires you to give the other party a written notice to quit in advance:
Week to week tenancy
Month to month tenancy
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
Property damage due to fire, disaster or unavoidable accident
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. 41 O.S. § 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. 41 O.S. § 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.
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
Tenant violated tenancy agreement or didn't perform duties
Tenant or related person was involved in illegal activities on property
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
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. 41 O.S. § 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:
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. 41 O.S. § 132.(C)
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. 41 O.S. § 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). 41 O.S. § 123
There are no specific Oklahoma landlord tenant laws on when the property is considered abandoned by the tenant.
If the tenant's abandoned belongings have no value, the landlord can dispose them directly. 41 O.S. § 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. 41 O.S. § 130.(E)
Oklahoma Landlord Tenant Law: Oklahoma Statutes Title 41 - Landlord and Tenant
Oklahoma Landlord Tenant Handbook: What are Your Rights and Duties as a Tenant?
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.