Oklahoma Landlord Tenant Laws
January 31, 2023
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|Required Disclosures |
Rent and Fees
Application Fees: Permitted
Rent Control: Banned
Late Fee Limit: Reasonable
Grace Period Minimum: N/A
Amount Limit: N/A
Return Within: 45 days
Notice: 24 hours’
Permitted Times of Entry: Reasonable
|Fair Housing Protections |
Rent Demand Notice: 5-day pay-or-quit notice
Notice for Lease Violation: 15-day cure-or-quit notice
Unconditional Notice to Quit: Immediate
Oklahoma Landlord-Tenant Law
Understand the essential landlord-tenant laws in Oklahoma before enforcing your own rental policies. Find more information in the Oklahoma state law code.
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.
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.
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.
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.
Rent and Fees
- Rent 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).
- Application Fees: Rental application fees are not regulated in Oklahoma.
- Rent Increases: Rent control is banned in Oklahoma (OS § 11-14-101.1).
- Late Fees: Reasonable late fees are typically upheld by the courts.
- Grace Period: There is no mandatory grace period in Oklahoma.
- 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).
- 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)).
- Deposit Limit: There is no limit on security deposit amounts in Oklahoma.
- Interest: Oklahoma landlords are not required to pay interest on security deposits.
- Return Within: 45 days (OS § 41-115(A)).
- 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)).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Oklahoma state law adds age (OS § 25-1452).
- 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.
- 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.
- Advanced Notice: 24 hours’ (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)).
- 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, via forcible entry and detainer action. 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 if the tenant does not promptly remedy the noncompliance (OS § 41-132(C)).
Other Laws and Facts About Oklahoma
- The median rent rate in Oklahoma is $1,400.
- The median rent rate in Oklahoma City is $1,359.
- 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).