The Oklahoma rental agreements are contracts written between a landlord or property owner and a tenant for the use of real property. The tenant makes regular payments (“rent”) in exchange for the use of the property. The agreements set terms for the rental, but they are subject to Oklahoma landlord-tenant law.
Oklahoma Rental Agreement Types
Common Rental Agreements in Oklahoma
- Oklahoma Real Estate Contract Form– this template, for use by members of Oklahoma Real Estate Commission members only, is heavily used by residential rental units throughout Oklahoma. It provides an extensive list of rules and procedures, including specifics that go as far as outlining tenants’ duties/responsibilities and policies on obtaining flood insurance information.
Oklahoma Required Lease Disclosures
- Landlord’s Name & Address (required for all) – Oklahoma landlords must provide a landlord or property agent’s contact information in the lease agreement so that legal notices can be served.
- Flooding Disclosure (required for some) – For any Oklahoma rental unit that has experienced flooding in the past 5 years, the landlord must include a notice informing potential tenants about this fact to avoid liability for flooding damages that occur to personal property.
- Methamphetamine Contamination Disclosure (required for some) – Oklahoma rental units that measure methamphetamine contamination levels above 0.1 micrograms per 100 square centimeters may not be rented, and any contamination that is known must be disclosed in the lease to protect tenants from contamination and landlords from liability for any methamphetamine contamination-related health concerns.
- Lead-Based Paint Disclosure (required for some) – To limit landlord liability, every Oklahoma lease agreement is required to include a lead-based paint disclosure alongside an informational pamphlet from the EPA and notice of any existing hazards on the property.
To learn more about required disclosures in Oklahoma, click here.
Oklahoma Landlord Tenant Laws
- Warranty of Habitability – In Oklahoma, all landlords must meet legal habitability standards by maintaining adequate plumbing, heating, air-conditioning, electrical outlets, and more. Landlords must make repairs within 14 days of a request, if they do not, a tenant has the right to use the repair and deduct method. A tenant may not withhold rent for habitability issues.
- Evictions – Oklahoma landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction. As a result, an eviction in this state could be immediate or last more than several weeks.
- Security Deposits – Oklahoma landlords have no limit on what they can charge for a security deposit. However, they must return any remaining funds to the tenant within 45 from the lease termination.
- Lease Termination – A month-to-month tenant may terminate their lease in Oklahoma if they provide the landlord with a 30 days’ notice. This is also true for fixed-term leases, which can be broken under the following conditions: active military duty, landlord harassment, domestic violence, or unit uninhabitability.
- Rent Increases & Fees – Oklahoma law does not have any restrictions on rent increases and fees; however, court rulings indicate there are limits. As such, these landlords are not required to provide any notice or justification for an impending increase.
- Landlord Entry – Oklahoma landlords must always provide 24 hours of advance notice before entering an occupied unit. The entry itself must occur at a “reasonable” time. Neither of these standards apply in an emergency situation.
- Settling Legal Disputes – Landlords and tenants in Oklahoma may seek judicial mediation for their disputes in the state’s small claims courts. This venue accepts all cases (including evictions) valued at up to $10,000, so long as they fall within the statute of limitations (5 years for written contracts, 3 years for oral contracts).
To learn more about landlord tenant laws in Oklahoma, click here.