The Oklahoma residential lease agreement (“rental agreement”) is used to formalize an agreement between a landlord and tenant to rent real property in exchange for a fee. The contract includes terms and conditions outlining the responsibilities of each party. A common lease term is for one year.
Oklahoma Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Oklahoma.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Flooding | Flooded Units Within 5 Years |
| Meth | Potentially Contaminated Units |
| Lead Paint | All Units Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Oklahoma.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. This information should be provided in writing at or before the commencement of the tenancy.
Flooding Disclosure
Applicable to any rental unit that has flooded in the past five years in Oklahoma.
If a dwelling unit has been flooded by an overflow of a lake, stream, river, creek or other inland water within the past five years, a landlord must include this information in the rental agreement.
FLOODING. This property has experienced flooding in the past 5 years and may be subject to future flooding. Tenant agrees to accept the risk of tenancy by signing this lease agreement.
Download: Oklahoma Flood Zone Disclosure Form (PDF)
Methamphetamine Contamination Disclosure
Applicable to any unit where the landlord is aware of potential contamination in Oklahoma.
In Oklahoma, disclosure of any knowledge relating to methamphetamine manufacturing in the rental property must be disclosed in the rental agreement. If the landlord had an assessment of the contamination and the levels of contamination are below one-tenth of one microgram (0.1 mcg) per 100 square centimeters of surface materials, no disclosure is needed.
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property has:
[ ] Been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] No suspicion of contamination
Download: Oklahoma Methamphetamine Contamination Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Oklahoma to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Oklahoma Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Oklahoma law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Oklahoma there are no restrictions on late fees, but it should be a “reasonable” amount. For returned check fees there is a $25 limit. |
| Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Move-in Checklist | A move-in checklist holds the tenant accountable for future damages that they may cause. |
| Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
Sources
- 1 41 OK Stat § 41-116 (2019)
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A. As a part of any rental agreement the lessor shall prominently and in writing identify what person at what address is entitled to accept service or notice under this act. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
1. The person or persons authorized to manage the premises;
2. The owner or owners of the premises; or
3. The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices.
The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager.
- 2 41 OK Stat § 41-113a (2019)
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A. If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements.
- 3 41 OK Stat § 41-118 (2019)
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C. Prior to the commencement of a rental agreement, if a landlord knows or has reason to know that the dwelling unit or any part of the premises was used in the manufacture of methamphetamine, the landlord shall disclose this information to a prospective tenant. Provided however, if the landlord has had the level of contamination assessed within the dwelling unit or pertinent part of the premises, and it has been determined that the level of contamination does not exceed one-tenth of one microgram (0.1 mcg) per one hundred square centimeters (100 cm2) of surface materials within the dwelling unit or pertinent part of the premises, no disclosure shall be required.
