An Oklahoma Rental Lease Agreement is a legal document which allows a property owner or manager to temporarily lend out their property to a tenant for to live in or operate a business out of. A lease guarantees the tenant the right to continue living on the property until it expires, as long as rent is paid and the rules of the lease are followed. If you wish to sell or lease property in Oklahoma you will need a Real Estate Brokers License.
Regardless of what kind of lease it is or what kind of property it covers, a lease should be read carefully. Each lease is unique and will have different laws and statutes applying to it, based on what kind it will be used for and where it is located. Due to high amount of agriculture in Oklahoma, there are many state and county laws that both landlord and tenant should be aware of.
Form Description Types
Oklahoma Rental Laws
All laws are pursuant to Okla. Stat. Ann. tit. 41, 101 to 136.
Security deposits are extremely unregulated in Oklahoma. There is no limit on how much can be charged for a security deposit and the landlord is not required to disclose any information about where it is being kept. The landlord is required to return the deposit within thirty (30) days of the tenant vacating the property. As it is not regulated on the state level, there may be city and county laws both landlord and tenant should be aware of.
A lease will specify the amount of rent and when it is due (usually the first (1st) of the month. Failure to pay on time can result in a late fee. Oklahoma State Law forbids using late fees as a penalty however, and in order to charge a late fee the landlord must prove that the fee is used to repay damages due to late payment, and must usually be a flat fee rather than a day-by-day charge.
In a One Year Lease, the rent cannot be raised or altered until the least has terminated and renegotiated before renewal. In a Month to Month Lease the rent can be raised at the landlord’s discretion by giving the tenant thirty (30) days written notice, although raising the rent in a discriminatory manner is of course illegal.
Under certain circumstances a tenant in Oklahoma may withhold rent. The most common of these is when a vital repair has gone undone. The tenant may withhold rent or deduct the cost of the repair from the rent, assuming they have served the landlord with written notice of the repair and waited a reasonable amount of time to allow the landlord to arrange for the repair.
In a Month to Month Lease, eviction is straightforward and can be done at the landlord’s discretion. The landlord must serve the tenant with a written notice to vacate the property and allow thirty (30) days for the tenant to move.
In a One Year or longer Lease, the process is much more complicated, as it requires a hearing with a judge and a court order. The landlord can serve a tenant with an Unconditional Quit Notice if the tenant has been involved in illegal activity on the property or has repeatedly violated the lease. The tenant must immediately move out. If the tenant does not comply immediately, the landlord can file for eviction.
Without a court order a landlord cannot change the locks, install padlocks or otherwise attempt to deny the tenant entry to the property or force them to move out.
It is illegal to discriminate (IE deny housing or alter rent) on the basis of the following:
- age, color, race, national origin, sex, religion, family status, marital status, disability (physical or mental)
- please note that sexual orientation and gender identity are not covered
Landlord Right to Enter
The landlord must give at least 24 hours notice to enter and enter at a reasonable time, for a non-emergency reason.