Oklahoma is regarded as a landlord-friendly state thanks to its minimal regulations on rent control, security deposits, late fees, and more. For investors and landlords, this creates a desirable environment to operate rental properties, particularly in the state’s growing urban areas like Oklahoma City and Tulsa.
That said, Oklahoma landlords are still required to follow both federal and state landlord-tenant laws. These laws govern lease agreements, habitability standards, eviction procedures, and tenant rights. Failing to comply with these regulations can result in legal disputes and financial penalties. Understanding Oklahoma landlord laws is important to developing fair lease agreements and maintaining tenant relationships.
The legal framework for landlord-tenant relationships in Oklahoma can be found in the Oklahoma Residential Landlord and Tenant Act. However, these laws are subject to change, and local ordinances may impose additional requirements or restrictions. This article offers a high-level overview of Oklahoma’s current state-level rental laws, but if you’re dealing with a legal dispute or have specific questions, it’s best to consult a qualified real estate attorney.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.
Oklahoma Quick Facts
Required Disclosures
Rent and Fees
Lead-based paint
Application Fees: Permitted
Landlord/agent ID
Rent Control: Banned
Flooding
Late Fee Limit: Reasonable
Methamphetamine contamination
Grace Period Minimum: N/A
Security Deposits
Entry
Amount Limit: N/A
Notice: 24 hours’
Interest: N/A
Permitted Times of Entry: Reasonable
Return Within: 45 days
Eviction Notices
Fair Housing Protections
Rent Demand Notice: 5-day pay-or-quit notice
Race
Notice for Lease Violation: 15-day notice to quit with 10 days to cure
Color
Unconditional Notice to Quit: Immediate
National origin
Religion
Sex
Familial status
Disability
Age
Rights and Responsibilities of Oklahoma Landlords and Tenants
Oklahoma landlords and tenants are each given specific rights and obligations under the law. For example, landlords must provide habitable housing and comply with local health and safety codes, while tenants are expected to pay rent on time and take care of the property. In return, landlords have the right to receive payment and manage their properties effectively, and tenants have the right to privacy and safe living conditions.
These responsibilities are typically outlined in the lease agreement, but all terms must comply with the Oklahoma Residential Landlord and Tenant Act. Below is an overview of the primary rights and responsibilities of both parties in Oklahoma.
Oklahoma landlords have the right to:
Collect rent in accordance with the lease terms.
Charge a security deposit, of which there is no legal limit in Oklahoma (however, most landlords charge between one and two month’s rent).
Deduct from the deposit for unpaid rent or damage beyond normal wear and tear.
Establish lawful lease provisions regarding pets, smoking, or subleasing.
Enter the rental unit with reasonable notice for inspections or repairs.
Begin eviction proceedings if tenants violate lease terms or fail to pay rent.
Screen tenants using fair, non-discriminatory practices.
Oklahoma landlords are responsible for:
Maintaining a safe and habitable dwelling, including working plumbing, electricity, heating, and structural elements.
Making necessary repairs in a timely manner after receiving proper notice from tenants.
Complying with fair housing laws at both the federal and state levels.
Giving notice before entering a unit, with 24 hours' being standard practice.
Returning the security depositwithin 45 days of lease termination.
Not retaliating against tenants who exercise their legal rights, such as filing a complaint or requesting repairs.
Oklahoma tenants have the right to:
Live in housing that is safe, clean, and structurally sound.
Request necessary repairs and have them completed within a reasonable time.
Withhold rent or terminate the lease in certain cases where the landlord fails to uphold their responsibilities.
Be free from retaliation from landlords after reporting housing violations.
Receive proper notice before the landlord enters their unit or makes changes to the lease.
Have quiet enjoyment of the property without undue disturbance.
Oklahoma tenants are responsible for:
Paying rent on time as agreed in the lease.
Keeping the unit clean and in good condition.
Not damaging the property beyond normal wear and tear.
Informing the landlord of needed repairs or unsafe conditions as soon as possible.
Providing written notice if they intend to terminate the lease early, at least 30 days prior to the end of the lease.
Oklahoma Required Disclosures
Required disclosures are pieces of information that Oklahoma landlords are required to share with tenants before signing a lease agreement. These disclosures typically involve safety hazards, legal rights, or specific landlord policies that may affect the tenancy.
Below are some of the key required disclosures for rental properties in Oklahoma.
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification (OS § 41-116). Landlords in Oklahoma must provide in writing the name and address of the owner, manager of the premises, or other person authorized to accept notices.
Flooding (OS § 41-113a). If the landlord knows the rental unit has been flooded within the past five years, they must prominently disclose this information in the written rental agreement. “Flooding” means partial or complete inundation of normally dry areas from the overflow of a body of water.
Methamphetamine Contamination (OS § 41-118(5(C)). If the landlord knows that a dwelling unit was used to manufacture methamphetamine, they must disclose this to all prospective tenants as per Oklahoma lease laws. If the level of contamination is less than 0.1 mcg per 100 cm2, no disclosure is required.
Oklahoma does not have rent control laws, giving landlords the freedom to set and raise rent as they see fit. However, the state does have laws governing rent payments, late fees, returned check charges, and circumstances under which tenants can withhold rent or make repairs. Below are some of the most important rent and fee regulations for Oklahoma landlords to understand.
Rent Payments
Due Date: If no due date for rent is listed in the lease, rent is payable at the dwelling unit at the beginning of each month (OS § 41-109).
Rent Increases: Rent control is banned in Oklahoma (OS § 11-14-101.1).
Grace Period: There is no mandatory grace period in Oklahoma.
Fees
Application Fees: Rental application fees are not regulated in Oklahoma.
Late Fees: Reasonable late fees are typically upheld by the courts.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the tenant may be charged a returned check fee of $25 (OS § 68-218-218.1).
Tenant Remedies
Withholding Rent/Repair and Deduct: If the landlord’s noncompliance materially affects health and the breach is remediable by repairs that cost less than one month’s rent, the tenant may notify the landlord of their intention to correct the condition at the landlord’s expense. If the landlord has not corrected the breach after 14 days, the tenant may arrange for the repair and deduct the cost from the rent. If the landlord fails to supply heat, running water, hot water, electricity, gas, or other essential services, the tenant may give written notice to the landlord and either terminate the lease, procure reasonable amounts of the service and deduct the cost from rent, recover damages, or find substitute housing (OS § 41-121(B-C)).
Oklahoma Security Deposit Laws
Nearly all states regulate how landlords handle security deposits, including rules on how much can be charged, where deposits must be stored, and when they must be returned. These laws help protect tenants' funds while also allowing landlords to recover costs for damage or unpaid rent. Below are Oklahoma's security deposit laws.
Deposit Limit: There is no limit on security deposit amounts in Oklahoma.
Interest: Oklahoma landlords are not required to pay interest on security deposits.
Deposit Location: Security deposits must be kept in escrow accounts maintained in the State of Oklahoma with a federally insured financial institution (OS § 41-115(B)).
Withholding: Landlords may withhold funds from the security deposit for unpaid rent or damages suffered because of the tenant’s noncompliance. The landlord must itemize these deductions and deliver them in a written statement with the remainder of the security deposit (OS § 41-115(B)).
Oklahoma Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants in Oklahoma are protected by the Federal Fair Housing Act (Title 24 USC § 3601-3607), which prohibits discrimination in housing-related transactions. Discrimination may occur at any stage of the rental process when a landlord treats a tenant unfairly based on a protected characteristic. Examples of potentially discriminatory actions include:
Accepting or denying tenant applications
Setting different terms, conditions, or privileges for rental
Using discriminatory language in advertisements or listings
Offering different services or amenities
Charging different rent amounts or security deposits
Refusing repairs or maintenance
Initiating eviction based on a protected class
etc.
What are the protected classes in Oklahoma?
Under the federal Fair Housing Act, landlords in Oklahoma cannot discriminate based on:
Race
Color
Religion
Sex
National origin
Familial status
Disability
In addition to these federal protections, Oklahoma state law adds age as a protected class (OS § 25-1452). This means landlords may not make housing decisions based on a tenant’s age unless otherwise exempt under the law.
Use of Credit Reports
Oklahoma landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
An Oklahoma criminal background check may be used during tenant screening. Oklahoma landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Oklahoma has many laws and legal guidelines surrounding entry into a property. Landlords must enter at reasonable times and only for specific purposes, such as inspections, repairs, or showings. Entry without notice is permitted in emergencies. Below is a summary of Oklahoma’s current landlord entry rules.
Advanced Notice: Oklahoma requires landlords to give 24 hours' notice before entering a property (OS § 41-128(C)).
Permitted Times: Oklahoma landlords may only enter at reasonable times, unless it is impracticable to do so or if there is an emergency. Landlords may enter the dwelling unit for inspections, repairs, decorations, alterations, improvements, supplying services, or showings (OS § 41-128(A)).
Emergency Entry: In case of an emergency, the landlord, their agents, and any employees may enter the unit without prior notice or consent (OS § 41-128(B)).
Oklahoma Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Oklahoma, consider hiring an experienced real estate attorney and be sure to review the Oklahoma eviction process in more detail.
If you pursue eviction in Oklahoma, the first step is to serve the tenant with a formal, written eviction notice. Oklahoma law provides several types of eviction notices, each corresponding to a specific lease violation or situation:
Rent Demand Notice: 5 days to pay or quit (OS § 41-131(B)).
Notice for Lease Violation: 15 days to cure or quit. The tenant has 10 days to remedy the violation; if they do not, the notice of lease violation terminates the rental agreement five days after (OS § 41-132(B)).
Unconditional Notice to Quit: Immediate. According to Oklahoma eviction laws, this notice applies if there is a noncompliance by the tenant that threatens imminent and irremediable harm to the premises or another person and the tenant has not promptly remedied the noncompliance (OS § 41-132(C)).
Squatters are individuals who occupy a property without legal permission from the owner. In Oklahoma, removing a squatter requires landlords to go through the formal eviction process, similar to removing a non-paying tenant. Squatters may claim legal possession through adverse possession, but only under strict conditions.
To make a valid adverse possession claim in Oklahoma, a squatter must occupy the property continuously for at least 15 years (OS § 12-93), and their possession must be actual, open, notorious, exclusive, and hostile to the owner’s interests. They may also be required to pay property taxes during this time (OS § 60-333).
Oklahoma landlord laws do not allow landlords to use "self-help" measures like changing the locks or shutting off utilities to remove squatters. These actions are generally considered illegal and can lead to legal consequences for the property owner. Instead, landlords must serve a proper eviction notice and proceed through the courts if the squatter refuses to leave.
Before pursuing eviction or dealing with a potential adverse possession claim, landlords should consult a qualified real estate attorney familiar with Oklahoma property law.
The current average rent rate in Oklahoma is $1,450 per month, according to Zillow.
The current average rent rate in Oklahoma City is $1,400 per month, according to Zillow.
Tenants with disabilities have the expressed right to own a service or assistance animal on the premises of any rental unit in Oklahoma. However, the landlord maintains the right to request documentation that the person has a disability-related need for the animal, if this is not readily apparent (OS § 41-113.2).
Conclusion
Oklahoma landlord laws establish a clear framework for landlord-tenant relationships, balancing the rights and responsibilities of both parties. By staying informed about state regulations, providing habitable housing, and respecting tenants' rights, landlords can build positive, long-term rental relationships while protecting their investments. When in doubt, consult a legal expert to ensure compliance with Oklahoma law.
FAQs
Is Oklahoma a landlord-friendly state?
Yes, Oklahoma is generally considered landlord-friendly. The state does not impose rent control, limits on late fees, or mandatory grace periods. Eviction processes are also relatively streamlined compared to more tenant-protective states. However, landlords must still comply with both federal and state housing laws.
Can a landlord refuse to accept Section 8 in Oklahoma?
Yes, Oklahoma landlords are not legally required to accept Section 8 housing vouchers, as source of income is not a protected class under state law.
How much can a landlord charge for a security deposit in Oklahoma?
There is no legal limit on security deposit amounts in Oklahoma. However, landlords must store the deposit in a federally insured escrow account located within the state and return it within 45 days of lease termination, minus any allowable deductions.
How much notice must a landlord give before entering a rental unit?
Oklahoma landlord laws require landlords to enter at reasonable times, and they must give 24 hours' notice. Entry without notice is permitted in emergencies.
How much notice is required to evict a tenant for nonpayment of rent in Oklahoma?
Oklahoma landlords must provide a 5-day written notice to pay or vacate before beginning the eviction process for nonpayment of rent.
What classes are protected under Oklahoma's fair housing laws?
In addition to the federal protections (race, color, religion, sex, national origin, disability, and familial status), Oklahoma landlord laws also include age as a protected class.
