This is a summary of Oklahoma Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Oklahoma Statutes and various online sources to serve as a reference and for people wanting to learn about Oklahoma landlord-tenant laws, Oklahoma eviction laws, and Oklahoma renters’ rights.
However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.
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Rules and Regulations Governing Oklahoma Landlord-Tenant Laws
- Okla. Stat. Ann. Tit. 41, § 101 to 136 – Residential Landlord and Tenant Act
Oklahoma Lease Terms Provisions
- What is the maximum allowable security deposit?
There is no Oklahoma law limiting security deposits.
- Are security deposits required to earn interest?
No. Interest is not required to be paid on security deposits. (Okla. Stat. Ann. Tit. 41, § 115(B))
- Do landlords need to store security deposits in a separate bank account?
Yes. A security deposit must be maintained in Oklahoma with a federally insured financial institution as part of an escrow account for the tenant. (Okla. Stat. Ann. Tit. 41, § 115(A))
- Are non-refundable fees, such as pet fees, prohibited?
No. There is no Oklahoma law forbidding non-refundable fees or limiting the amount that landlords can charge.
- How long do landlords have to return security deposits?
30 days after the end of the tenancy. Tenants also must request the deposit back in writing, within six months, or the deposit reverts to the landlord. (Okla. Stat. Ann. Tit. 41, § 115(B))
- Can landlords withhold security deposits?
Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the property caused by tenants’ failures to comply with the lease or rental statutes. (Okla. Stat. Ann. Tit. 41, § 115(B))
- Are landlords required to itemize damages and fees deducted from security deposits?
Yes. An itemized list of withholdings must be given to the tenant in person or through certified mail. (Okla. Stat. Ann. Tit. 41, § 115(B))
- Do landlords have to issue receipts upon receiving security deposits?
No. There is no Oklahoma law requiring landlords to issue receipts for security deposits.
- Are there any specific requirements for record-keeping for deposit withholdings?
No. There is no Oklahoma law specifying record-keeping requirements.
- What happens when a landlord does not return a security deposit within the required timeframe?
A fine may be issued for up to twice the amount of any funds misappropriated from the security deposit escrow account. Jail time may also be levied against a landlord for misappropriation. (Okla. Stat. Ann. Tit. 41, § 115(A))
- Is there a cap on how much landlords can charge for rent? (rent control)
No. There are no rent control laws in Oklahoma.
- When is rent due?
Rent is due as provided in the lease, and, if not called for in the lease, payable at the beginning of the month. (Okla. Stat. Ann. Tit. 41, § 109)
- Does rent need to be paid using a certain method of payment?
No. There is no Oklahoma law requiring a certain payment method for rent.
- Can landlords charge late fees when rent is late?
Yes. There is no Oklahoma law forbidding late fees and case law allows late fees in certain cases.
- Do landlords have to allow for a grace period for paying rent before charging late fees?
No. There is no Oklahoma law requiring a grace period before assessing late fees.
- Can landlords charge application fees?
Yes. There is no Oklahoma law forbidding application fees or limiting the amount that landlords can charge.
- Can landlords charge returned check fees?
Yes. There is no Oklahoma law forbidding returned check fees or limiting the amount that landlords can charge.
Oklahoma Landlord-Tenant Relations
- Are landlords required to provide tenants with notice of rent increases between lease terms?
No. There is no Oklahoma law requiring landlords to provide tenants with notice of rent increases between lease terms.
- Are landlords required to provide tenants with notice of pesticide use on the property?
No. There is no Oklahoma law requiring landlords to provide tenants with notice of pesticide use on the rental property.
- What notice is required to terminate a fixed-end lease?
No notice is required — the lease ends on the date stated in the lease. (Okla. Stat. Ann. Tit. 41, § 111)
- What notice is required to terminate a week-to-week periodic tenancy?
Either the landlord or the tenant can terminate the tenancy with 7 days’ written notice. (Okla. Stat. Ann. Tit. 41, § 111)
- What notice is required to terminate a month-to-month periodic tenancy?
Either the landlord or the tenant can terminate the tenancy with 30 days’ written notice. (Okla. Stat. Ann. Tit. 41, § 111)
- Is notice of the date and time of the move out inspection required?
There is no statute in Oklahoma law covering this issue.
- When can landlords enter the rental premises with notice?
- To inspect the premises.
- To make necessary or agreed to repairs, decorations, alterations, or improvements.
- To supply necessary or agreed services.
- To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (Okla. Stat. Ann. Tit. 41, § 128)
- What notice must a landlord give a tenant before entering the rental unit?
- At least one day’s notice of intent to enter, and may only enter at reasonable times. (Okla. Stat. Ann. Tit. 41, § 128)
- When can landlords enter the rental premises without providing notice to their tenants?
- In case of an emergency.
- If the tenant has abandoned or surrendered the premises. (Okla. Stat. Ann. Tit. 41, § 128)
Landlord’s Duties (Okla. Stat. Ann. Tit. 41, § 118(A))
- Landlords must, except in the case of a single-family residence, keep all common areas of his building, grounds, facilities, and appurtenances in a clean, safe, and sanitary condition.
- Make all repairs and do whatever is necessary to put and keep the tenant’s dwelling unit and premises in a fit and habitable condition.
- 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 by him.
- Except in the case of one- or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes.
- Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat.
Tenant’s Duties (Okla. Stat. Ann. Tit. 41, § 127)
- Keep that part of the premises occupied as safe, clean, and sanitary as the condition of the premises permits.
- Dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a safe, clean, and sanitary manner.
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean and sanitary as their condition permits.
- Use in a safe and non-destructive manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators on the premises.
- Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person, animal, or pet to do so.
- Not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants;
- Not engage in criminal activity that threatens the health, safety right of peaceful enjoyment of the premises by other tenants 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.
Required Landlord Disclosures
- Landlords are required to disclose in writing the names and business addresses of:
- the person authorized to manage the premises.
- the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Okla. Stat. Ann. Tit. 41, § 116)
- Landlords are required to disclose if the dwelling had been flooded within the past five years, or if the premises had been previously used as a methamphetamine manufacturing site. (Okla. Stat. Ann. Tit. 41, § 118(C))
- 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.
Oklahoma Renters’ Rights
- What are Oklahoma renters’ rights if landlords breach their duties? (See Landlord’s Duties)
If a landlord is in breach of any statutory duties, a tenant can procure essential services and deduct the cost of the repairs from their rent, after providing the landlord with written notice of the breach. (Okla. Stat. Ann. Tit. 41, § 121)
- Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?
Yes. After providing written notice of an intention to repair, and either 14 days has past or emergency conditions exist, a tenant can have repairs done and withhold rent. An itemized list of the repairs must be provided to the landlord once they have been affected. (Okla. Stat. Ann. Tit. 41, § 121)
- What are the protections for tenants against retaliation from their landlords for exercising their Oklahoma renter’s rights?
There is no law governing retaliation from landlords in Oklahoma.
Oklahoma Eviction Laws
- What are the reasons that landlords can evict tenants under Oklahoma eviction laws?
- Any criminal activity threatening the health or safety of the tenant, tenant’s family, other tenants.(Okla. Stat. Ann. Tit. 41, § 132)
- Holdover tenancy. (Okla. Stat. Ann. Tit. 41, § 111)
- What notice do Oklahoma eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord may begin an action for recovery any time return is unpaid and due, and the landlord may terminate the lease agreement five days after providing written notice of the demand for payment to the tenant. (Okla. Stat. Ann. Tit. 41, § 131)
- For evictions based on material noncompliance with the rental agreement or a breach in the tenant’s duties, a landlord can terminate a lease 15 days after providing written notice of the breach to the tenant, if the tenant does not remedy the breach within 10 days of receipt of the notice. (Okla. Stat. Ann. Tit. 41, § 132)
- Landlords are not required to give notice for evictions based on criminal activity or holdover tenancies. (Okla. Stat. Ann. Tit. 41, § 132); (Okla. Stat. Ann. Tit. 41, § 111)
- Do Oklahoma eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. If a landlord evicts a tenant using self-help methods, the tenant can recover either the diminution of fair rental value from a utility shut off (Okla. Stat. Ann. Tit. 41, § 121(C)) or twice the greater of actual damages or monthly rent for wrongful removal. (Okla. Stat. Ann. Tit. 41, § 123)
- Are landlords permitted to recover damages from an evicted tenant?
Yes. Leases cannot require either party to pay the other’s attorney’s fees, but a landlord can recover damages plus attorney’s fees if they prevail in a residential-related lawsuit. (Okla. Stat. Ann. Tit. 41, § 105)
COVID-19 Changes to Oklahoma Landlord-Tenant Laws
- The CDC has passed a national eviction ban through December 31, 2020, that prohibits landlords from evicting tenants who meet the following criteria for nonpayment:
- Have used their best efforts to obtain all available government assistance for rent.
- Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return).
- Are unable to pay their full rent or make a full housing payment due to substantial loss of income or employment, or extraordinary medical bills.
- If evicted, will have no other housing options.
- The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act requires landlords to provide a 30-day notice to tenants before eviction. However, the CARES Act only applies to properties that are supported by the United States Department of Housing and Urban Development (HUD), the United States Department of Agriculture (USDA), or the United States Treasury (Low Income Housing Tax Credit), and properties with federally-backed mortgages, such as FHA, Fannie Mae, and Freddie Mac.
- The Oklahoma Court System
- Oklahoma Attorney General
- Oklahoma Insurance Department
- U.S. Department of Housing and Urban Development – Oklahoma
- Oklahoma Real Estate Commission
- Legal Aid Services of Oklahoma
- Oklahoma Indian Legal Services
- Oklahoma Alternative Resources
- Oklahoma Attorney Resources
Attorney Referral Services
Realtor and Landlord-Tenant Associations