An Oklahoma month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of an Oklahoma Month-to-Month Rental Agreement
In Oklahoma, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Oklahoma landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Oklahoma
Oklahoma landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Shared Utilities – Landlords renting a unit that shares a utility meter with other parts of the property must disclose how utilities are billed for the property.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Mold Disclosure – Landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property.
- Demolition/Displacement Notice – Landlords who plan to displace tenants within six months of move-in due to property demolition, rehabilitation, or conversion must disclose the incoming displacement in the rental agreement.
- Methamphetamine Disclosure – Landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Oklahoma
Oklahoma lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Oklahoma requires written notice to end a month-to-month lease. State law requires personal delivery of notice in most cases. If a party is unavailable to receive notice personally, it may also be posted at the address of record with another copy delivered by certified mail.
Required Notice To Raise the Rent on an Oklahoma Month-to-Month Lease
Oklahoma requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Oklahoma is 30 days.
Eviction in Oklahoma Month-to-Month Rentals
Oklahoma tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Oklahoma typically take two to seven weeks.
For more information on the eviction process in Oklahoma, click here.
Sources
- 1 Okla. Stat. tit. 41 § 111(A)
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Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is month-to-month or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective. The thirty-day period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section.
Source Link - 2 Okla. Stat. tit. 41 § 111(E)
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The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Post Office. If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail. For the purpose of this subsection, the word “landlord” shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title.
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