Some rental relationships don’t require a long-term commitment or extra flexibility. In these cases, an Oklahoma month-to-month lease agreement can be a great fit. These types of lease agreements, also known as tenancies at will, allow the agreement to renew each month until either the landlord or the tenant gives notice to terminate.
Despite the added flexibility, state laws still apply to all tenancies. Below, we’ll break down everything you need to know about an Oklahoma month-to-month lease agreement.
Disclosures (4)
Oklahoma law requires landlords to disclose certain information to tenants before they move in. These disclosures help increase transparency and trust, making sure everyone is on the same page.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Landlord identification: State law requires landlords to provide the name and contact information of the person responsible for managing the rental (Okla. Stat. tit. 41, § 116).
- Flooding: If the unit has flooded within the past 5 years, landlords must include this information in their lease template (Okla. Stat. tit. 41, § 113a).
- Methamphetamine contamination: Landlords must disclose any known information about methamphetamine manufacturing on the property to their tenants (Okla. Stat. tit. 41, § 118).
Optional Disclosures and Addenda
These optional disclosures, while not legally required, help build trust with the tenant and make sure everyone is on the same page from the start.
Asbestos: Discloses any known asbestos in the unit, as well as tips to limit or prevent exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the rental unit or adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Oklahoma law does not limit how much landlords can charge as a late fee, but the fee must be reasonable, and landlords must clearly disclose it in the lease. Returned check fees are capped at $25 per check.
Medical marijuana use: Explains the policy regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Informs tenants of any mold present in the unit, along with treatment and remediation options. The mold disclosure also informs tenants of their responsibility to report any new mold they find.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees that landlords charge in the residential lease agreement template.
Shared utilities: If the unit shares a utility meter with another unit or a common area, landlords must disclose how they calculate and divide the utility costs.
Smoking: Outlines the unit’s smoking policy, including any designated smoking areas on the property.
Additional Oklahoma Month-to-Month Lease Laws
Even though an Oklahoma month-to-month lease agreement offers increased flexibility, state laws still apply. Here’s what landlords need to know about everything from security deposits to terminating the lease agreement.
Notice to Terminate a Month-to-Month Agreement
Oklahoma has specific rules landlords must follow when terminating a month-to-month lease.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a month-to-month lease.
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate a month-to-month lease.
Laws Governing Rent Increases
A tenancy at will allows more frequent opportunities to revisit lease terms; however, landlords must still give notice before increasing rent.
Oklahoma does not have rent control or stabilization laws, meaning there is no limit to how much landlords can increase rent. Landlords must still give their tenants notice before the rent increase takes effect, usually at least 30 days.
Lease Violations and Eviction
In the event of a lease violation, Oklahoma has specific steps landlords can take before moving on to eviction.
Missed rent payment: If a tenant misses a rent payment, landlords may issue a 5-day Notice to Pay or Quit (Okla. Stat. tit. 41, § 131(B)).
Lease violation: For other lease violations, landlords may issue a 15-day Notice to Cure or Quit. If a tenant does not fix the issue within 10 days, landlords may terminate the lease agreement 5 days later (Okla. Stat. tit. 41, § 132(B)).
Lease abandonment: If a tenant breaks their lease before the end of its term, they can be held financially responsible for the remainder of the term. However, landlords have a duty to mitigate damages, meaning they must attempt to re-rent the unit (Okla. Stat. tit. 41, § 105).
Self-help evictions: In Oklahoma, self-help evictions are illegal. All evictions should go through the proper legal channels.
Rent Payment Laws
Rent payment laws in Oklahoma balance disclosure, flexibility, and discretion.
Rent control/stabilization: Rent control and stabilization do not exist in Oklahoma.
Late rent fees: Oklahoma does not limit the amount landlords can charge as a late fee, but the fee must be reasonable, and landlords must clearly disclose it in their lease template.
Grace period: There is no required grace period for late rent in Oklahoma.
Tenant’s right to withhold rent: Tenants must inform landlords of any serious health or safety violations in the unit. If the landlord does not fix the issue within 14 days, the tenant can repair themselves and withhold the amount from rent (Okla. Stat. tit. 41, § 121(B-C)).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and the lease template clearly states the charges.
Security Deposits
Oklahoma law allows landlords to charge tenants a security deposit to help offset potential future expenses, including unpaid rent, damage beyond normal wear and tear, and more. Even so, there are certain rules and laws landlords must follow. Here’s what landlords need to know.
Maximum amount: State law does not limit the amount landlords can charge as a security deposit.
Deposit receipt: Landlords do not have to provide their tenants with a receipt for their security deposit payment. However, they must hold the security deposit funds in an Oklahoma-maintained and federally insured escrow account (Okla. Stat. tit. 41, § 115(B)).
Interest payments: State law does not require landlords to pay interest on security deposits.
Security deposit return: In Oklahoma, tenants must make a written demand for the return of their security deposit within 6 months of the lease termination. From this point, landlords have 45 days to return their security deposit, minus any deductions (Okla. Stat. tit. 41, §
115(A)).
Deductions: Landlords can withhold deductions from the security deposit to cover unpaid rent, damages beyond normal wear and tear, and other charges. If landlords withhold deductions, landlords must also provide an itemized list of the deductions (Okla. Stat. tit. 41, § 115(B)).
Property Access Laws
From time to time, you’ll likely have to enter the property for things such as repairs or routine maintenance. In Oklahoma, landlords must balance this with respecting their tenants’ privacy and right to quiet enjoyment.
Advance notice: For routine maintenance and repairs, landlords must give tenants 24 hours’ notice and only enter during reasonable hours (Okla. Stat. tit. 41, § 128(C)).
Immediate access: Landlords may enter the property without giving notice in an emergency.
Harassment: The law often considers it harassment if a landlord repeatedly enters the unit without giving notice or without a justifiable reason. In these cases, landlords can face civil and/or financial penalties (Okla. Stat. tit. 41, § 124(A)).
