An Oklahoma lease agreement does more than just set the rent amount; instead, it defines how you and your tenant will work together during the lease term. Whether you’re leasing a townhome in downtown Tulsa or a student duplex near Oklahoma State, a strong lease agreement will help you avoid misunderstandings and protect your property.
Disclosures (4)
Federal and state laws require landlords to provide certain disclosures before tenants move in. These disclosures keep everyone informed and on the same page, and also make sure that your lease is enforceable.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in the unit for most properties built before 1978.
- Landlord identification: State law requires landlords to disclose their name and contact information along with an Oklahoma lease agreement (OS § 41-116).
- Flooding: Landlords must disclose if the property has flooded within the last 5 years (OS § 41-113a).
- Methamphetamine contamination: Landlords must disclose any known information if methamphetamine was ever manufactured on the property, unless the contamination level is less than 0.1 mcg per 100 square centimeters (OS § 41-118(5(C)).
Optional Disclosures and Addenda
Adding optional disclosures now can help avoid confusion and conflict later. State law does not require these optional disclosures, but they do help to strengthen your Oklahoma lease agreement.
Asbestos: Informs tenants of any asbestos-related hazards on site, as well as tips to reduce exposure and risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Details any late or returned check fees related to the lease. In Oklahoma, late fees must be “reasonable” and clearly outlined in the lease. Oklahoma law allows landlords to collect $25 for each returned check.
Medical marijuana use: Outlines the unit’s policy regarding medical marijuana use, including any limitations or restrictions.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, including remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any damages. Landlords use this checklist at move-out to compare conditions and determine any deductions to withhold.
Non-refundable fees: If you will be charging any non-refundable fees, you must clearly disclose them in the Oklahoma lease agreement.
Shared utilities: Landlords must share how they will divide the cost of utilities, if any units share a meter.
Smoking: Outlines the smoking policy in the unit, as well as any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
If landlords fail to include any of the mandatory disclosures in their Oklahoma lease agreement, they may face tenant disputes, financial penalties, or even legal consequences.
Security Deposit Regulations in Oklahoma
Oklahoma landlords are permitted to charge tenants a security deposit to help offset potential costs related to tenant-caused damages or unpaid rent. However, state laws limit aspects such as how you hold the funds and when you return the deposit.
Maximum amount: There is no maximum amount you can charge as a security deposit with your Oklahoma lease agreement.
Deposit receipt: Oklahoma landlords do not have to provide tenants with a receipt for their security deposit. However, they must hold the funds in an Oklahoma-maintained, federally insured escrow account (OS § 41-115(B)).
Security deposit return: A tenant must make a written request to the landlord for the return of their security deposit within 6 months of lease termination. The landlord then has 45 days to respond and return the funds, minus any deductions. If the tenant fails to claim within this time, the landlord is allowed to keep the deposit (OS § 41-115(A)).
Deductions: Landlords are allowed to withhold funds from the deposit to cover damages or unpaid rent. If withholding deductions, the landlord must give the tenant a written list of these deductions when returning the balance of the security deposit (OS § 41-115(B)).
Rent Payment Regulations
Rent collection rules in Oklahoma give landlords flexibility, but there are still rules that they must follow. Knowing these rules helps keep your income steady and your lease enforceable.
Rent control/stabilization: Rent control and rent stabilization laws do not exist in Oklahoma.
Late rent fees: State law does not limit the amount that landlords can charge as a late fee, but they must clearly outline it in the Oklahoma lease agreement to be valid.
Grace period: Oklahoma does not have a mandatory grace period for late rent.
Tenant’s right to withhold rent: If there is a serious issue with the unit that impacts its safety or the health of its inhabitants, tenants should inform landlords of these issues immediately. The landlord then has 14 days to respond and fix the problem. If they don’t, tenants can resolve the issue themselves and deduct the cost from a future rent payment (OS § 41-121(B-C)).
Violations
It’s no secret that tenants don’t always follow the rules. Oklahoma law outlines the steps landlords can take when these violations happen, helping you to act swiftly and legally.
Lease violation: If a tenant violates their lease, the landlord should provide a 15-day Notice to Cure or Quit. If the tenant does not cure the breach within 10 days, the lease can terminate 5 days later (OS § 41-132(B)).
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 5-day Notice to Pay or Quit (OS § 41-131(B)).
Lease abandonment: If a tenant abandons their lease early and without just cause, they may be financially liable for the remainder of the lease period. However, the landlord has a duty to try to mitigate losses by re-renting the unit as quickly as possible (OS § 41-105).
Self-help evictions: In Oklahoma, self-help evictions are illegal. Landlords should never attempt to remove tenants on their own.
Terminating a Lease
Ending a lease in Oklahoma requires giving proper notice and complying with state guidelines. Regardless of who initiates the termination, following the rules can help avoid conflicts.
Standard lease: Tenants may legally terminate their lease before the end of its term if they meet specific criteria, such as active duty military service, domestic violence, or landlord harassment.
Month-to-month: Either a landlord or a tenant can terminate a month-to-month lease with at least 30 days’ written notice to the other party (OS § 41-111(A)).
Property abandonment: If a tenant leaves property behind, the landlord must notify them and give them 30 days to retrieve their items. Landlords must store the items in a safe location, and landlords may charge a reasonable rate for any storage fees they incur (OS § 41-130).
Renewing a Lease
Renewals are not only a way to hold on to quality tenants, they’re an excellent opportunity to adjust your lease terms as needed. In Oklahoma, careful planning and timely communication can help make sure the process goes smoothly.
Notice requirements: Oklahoma landlords are only required to give notice when not renewing a month-to-month lease, which requires at least 30 days’ written notice (OS § 41-111(A)).
Renewals: Landlords are not required to renew an Oklahoma lease agreement at the end of its term.
Landlord’s Access to Property
Even though you own the property, tenants also have rights to their home. Oklahoma law explains how and why you can enter the rental, keeping you compliant and your tenants happy.
Immediate access: In the event of an emergency, landlords have immediate access to the property, and no notice is required.
Notice requirements: Landlords must give tenants at least 24 hours’ notice before entering the unit, and may only enter at reasonable times (OS § 41-128(C)).
Harassment: Landlords who repeatedly enter a property without notice or just cause may face harassment charges. Tenants may be able to get a court order to prevent the landlord from entering the unit, or may even be allowed to terminate their lease early without penalty (OS § 41-124(A)).
