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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Oklahoma.
Are landlords in Oklahoma required to give notice before entering the property?
Yes. Unless the property is abandoned landlords have no right to access the property except with property notice.
Landlords must give at least 1 days notice prior to entering an occupied rental property and they may only enter during “reasonable’ hours.
Are landlords in Oklahoma allowed to enter the property in the case of an emergency?
Notice to entry requirements are waived in the case of an emergency.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or he may terminate the rental agreement.
Landlords are allowed to impose late fees for defaults on rents in Oklahoma. However, the late fee must be reasonable and related to the actual financial cost the landlord incurred. See Sun Ridge Investors v. Parker.
Additionally, landlords are not required to give a grace period before charging a late fee.
Source: Landlord & Tenant - Rights and Duties | OKLaw.org, What Are Your Rights and Duties as a Tenant? | Oklahoma Bar Association.org, What are Your Rights as a (Residential) Landlord? | Oklahoma Bar Association.org.
SECTION 2
Oklahoma state law forbids its cities and states from passing their own rent control laws and does not contain any rent control legislation. This gives residential landlords the freedom to set their rent rates and raise them whenever they see fit, provided that it doesn't interfere with the lease terms.
Furthermore, landlords in Oklahoma are not obligated to give tenants a grace period before assessing a late fee if they fail to pay their rent on time. The late fee ought to make sense and be commensurate with the real expenses the landlord faced.
Under Oklahoma law, there is no set notice period before a rent increase. Landlords must, however, act in good faith, which means that when raising rent, they must give the renter adequate notice.
For example, for a month-to-month lease 30 days typically serves as a ‘reasonable’ notice of a rent increase.
In Oklahoma, unless the lease agreement specifies otherwise, landlords are not allowed to increase the rent if It is in the middle of the specified period of the lease.
Landlords are also prohibited by Oklahoma law from raising rent if they find out or have reason to believe that a renter is a victim of stalking, domestic abuse, or sexual assault. We call this "retaliation."
One of the protected classes listed in the Fair Housing Act is discriminated against by the way the increase is implemented.
Source: Oklahoma Statutes - Title 41. Landlord and Tenant | Oklahoma Senate.gov
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SECTION 3
An Oklahoma lease agreement is a formal rental contract that is signed by a landlord (lessor) and a potential renter (lessee). This contract outlines the laws controlling tenancy and occupancy rights in the state of Oklahoma.
As per Oklahoma law, a standard lease agreement is expected to clarify the terms and conditions of the lease, define tenants' and landlords' rights and duties, and give both parties legal protection.
While oral agreements are generally enforceable in Oklahoma, there are some caveats to this.
Under contract law in Oklahoma, there are certain types of contracts that have to be written to be enforceable. Contracts types that must be in writing include, amongst other things, "contracts for leasing real property for terms longer than one year”.
Meaning, while an oral lease agreement for less than a year may be enforceable, rental agreements that go over this mark should be written.
It’s always advisable to put the lease agreement in writing, no matter the length, to avoid potential legal disputes in the future.
Here are some of the key components that should be included in an Oklahoma lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Oklahoma Standard Residential Lease Agreement | eForms
Source: Lease Agreement Instructions | Oklahoma.gov
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SECTION 4
There’s no state legislation that caps the amount landlords can charge for security deposits in Oklahoma. As long as the deposit amount is specified in the leasing agreement, they are free to charge whatever amount they want.
However, while the deposit amount is not capped, landlords typically charge between one and two months' rent.
Landlords in Oklahoma are permitted by law to request an extra pet deposit from tenants. While there’s no state law that dictates the amount landlords can charge for pet deposits, landlords typically charge between $200 and $500.
However, as per Oklahoma Fair Housing Law, landlords are prohibited from demanding pet deposits or discriminating against renters with service animals.
Tenant deposits may be withheld by landlords in Oklahoma under specific circumstances, which are often specified in the lease agreement. Here are typical deductions from a security deposit that a landlord may make:
Owners of rental properties in Oklahoma are mandated to hold their renters' security deposits in escrow accounts. The financial institution holding the account must be federally insured and have a physical address in Oklahoma, per state law.
After a tenant vacates, Oklahoman landlords have precisely 45 days to refund the security deposit to the tenant. They are also required to submit the itemized list of deductions along with the remaining amount during this time if they have taken any deductions from the tenant's deposit.
It’s important to note that tenants can contest deductions in court if they think you’ve improperly withheld their security deposit. If the tenant wins the lawsuit, the landlord might be liable to pay the whole security deposit back, together with any damages and legal and court costs.
There are no statutes that mandate landlords to pay tenants for any interest accrued on the security deposit.
Source: Oklahoma Statutes - Title 41. Landlord and Tenant | Oklahoma Senate.gov
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SECTION 5
An eviction lawsuit in Oklahoma is formally known as a “Forcible Entry and Detainer” case.
While the process varies from county to county, evictions in Oklahoma usually follow the same steps. The eviction process usually starts with the landlord sending an Oklahoma notice to quit to the tenant.
After the notice period, the landlord can proceed to file a forcible entry and detainer lawsuit if the tenant fails to correct the infraction or leave the property. The case would go through a trial, and the judge would pass a verdict.
If the landlord wins, they can request the help of a local sheriff to enforce the eviction order.
Landlords in Oklahoma are not allowed to evict a tenant without a valid reason. Below are some of the common grounds for eviction recognized under Oklahoma law.
Before filing an eviction lawsuit, landlords in Oklahoma are required to provide the tenant with an eviction notice. The notice should indicate how long the tenant has to make any violations of the lease right.
Here's a summary of the requirements for Oklahoma eviction notice:
The total timeline for completing the eviction procedure in Oklahoma ranges from 12 to 47 days, depending on the grounds for eviction.
Here is an overview of the procedures for evicting a renter in Oklahoma:
Source: Eviction process | Oklahoma.gov, Property Manager's Guide to The Eviction Process in OK | Nolo
SECTION 6
There aren't many laws in Oklahoma that control the rental application and tenant screening procedure. For example, the state does not mandate that a landlord repay rental application fees to a prospective tenant in the event that they are rejected, and there is no limit on the amount that landlords can charge for a rental application.
Furthermore, as long as the inquiries on the rental application do not result in any kind of housing discrimination as defined by the Federal Fair Housing Act, landlords are free to ask any questions on the application.
Moreover, Oklahoma does not restrict the scope of background checks that a landlord may conduct; nevertheless, they are required to first secure the tenant's signed consent.
To make the rental application process effective, here is a list of crucial request to include in your Oklahoma rental applications:
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SECTION 7
Breaking a lease early can be a difficult experience for both tenants and landlords. However, there are usually provisions for this type of situation in the lease agreement. This could mean the tenant has to pay lease termination fees or outlines the landlord’s responsibility to find a new tenant.
Under Oklahoma rental laws, there are some legal protections for certain situations that allow both parties to legally break a lease without any penalty. So, it's important that both landlords and tenants understand the requirements regarding breaking a lease agreement in Oklahoma.
Both tenants and landlords in Oklahoma are required to give written notice prior to terminating a lease. The amount of notice required depends on the type of lease agreement in place, including:
There are certain crucial exceptions to the general rule that a tenant who breaks a lease owes the rent for the whole lease duration. Tenants may be able to legally move out before the lease term finishes in the following scenarios.
Source: Tenant's Right to Break a Rental Lease in Oklahoma | Nolo, (Ok. Stat. § 41.111)
SECTION 8
Below is an overview of some Oklahoma HOA laws that often apply to homeowners associations:
The Oklahoma Real Estate Development Act (REDA), which is contained in Title 60 Chapter 17 of the Oklahoma Statutes governs all homeowner's associations in Oklahoma. This act clearly defines the jurisdiction of owners' associations, which are composed of separately owned parcels with common interests. (Oklahoma Real Estate Development Act)
This legislation creates a broad legal framework in Oklahoma for the creation, management, responsibilities, power, and operation of condominium organizations. (Oklahoma Unit Ownership Estate Act)
Residents of Oklahoma are safeguarded against housing discrimination on the basis of race, gender, age, national origin, disability, familial status, religion, and color by the Oklahoma Fair Housing Law.
It is comparable to the federal Fair Housing Act (FHA) in that it offers state-level protection against discrimination. HOAs need to be aware of this rule since it penalizes unfair treatment of current and prospective homeowners. (Oklahoma Fair Housing Law)
For the most part, Oklahoma's HOAs that are incorporated as nonprofit organizations fall under the purview of the Oklahoma General Corporation Act. Further relevant laws for nonprofit entities are included in Chapters 14 and 19 of Title 18 of the Oklahoma Statutes. (Oklahoma General Corporation Act)
This statute protects active duty members from collection actions and foreclosures while they are away on active duty. It also protects reservists who have been activated and members of the National Guard who have been engaged for more than thirty days. (Service Members Civil Relief Act).
SECTION 9
According to Oklahoma's squatter's rights law (or adverse possession law), a squatter may be able to claim property if they have lived there for at least 15 years and have paid property taxes for the previous five of those years.
However, before the squatter can file an adverse possession claim for the property, the US requires the squatter to fulfill several additional requirements.
Here are the additional conditions a squatter must fulfill to gain Oklahoma squatter's rights and apply for adverse possession of property:
Source: Section 93 - Limitation of real actions, Okla. Stat. tit. 12 § 93, State-by-State Rules on Adverse Possession | Nolo.
SECTION 10
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
