An Oklahoma rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Oklahoma landlord-tenant law governs and regulates these agreements.
Oklahoma Rental Agreement Types
An Oklahoma roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Rental Agreements in Oklahoma
- Oklahoma Real Estate Contract Form – This template is for use only by members of the Oklahoma Real Estate Commission members. It is in common use throughout Oklahoma. It provides thorough rules and processes for most residential situations, including tenant responsibilities and flood insurance disclosures. There is also a slightly older version in circulation more suitable for situations where the landlord isn’t represented by a broker.
Oklahoma Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Oklahoma leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Flooding Disclosure (required for some leases) – Oklahoma landlords renting out any property that has experienced flooding in the past 5 years must include a notice to inform potential tenants.
- Methamphetamine Contamination Disclosure (required for some leases) – Oklahoma rental properties with methamphetamine contamination levels above 0.1 micrograms per 100 square centimeters may not be rented. Any known contamination must be disclosed in the lease.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that an Oklahoma residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Oklahoma, click here.
Oklahoma Landlord Tenant Laws
- Warranty of Habitability – Oklahoma landlords can only rent out property that’s habitable, which means providing certain features essential to basic health and safety like heat, plumbing, and sound structural elements. Landlords must make repairs to these features within 14 days of proper notice from a tenant. Failure to repair lets a tenant terminate the lease, or repair and deduct from the rent. Oklahoma doesn’t let tenants withhold rent.
- Evictions – Oklahoma landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. This means most evictions in Oklahoma can take between five days to a few weeks. Properties covered by the federal CARES act are entitled to a minimum 30 days of notice before eviction, which can lengthen the process considerably.
- Security Deposits – Oklahoma does not place a maximum cap on what a landlord can charge for a security deposit. Landlords must return any unused portion of a security deposit within 45 days after lease termination.
- Lease Termination – Oklahoma lets month-to-month tenants terminate a lease in Oklahoma with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Oklahoma law does not explicitly regulate rent increases and fees, although court rulings have indicated that they must be reasonably within market expectations. Landlords are not required to provide any notice or justification for an impending rent increase. Oklahoma caps returned check fees at $25, for a landlord to recover indirectly through the Bogus Check Restitution Program.
- Landlord Entry – Oklahoma landlords can enter rental property for purposes reasonably related to the tenancy, like repairs and inspections. They must provide 24 hours of advance notice before entering, unless it’s an emergency.
- Settling Legal Disputes – Oklahoma allows resolution of landlord-tenant disputes in small claims court, as long as the value in controversy is under $10,000. Unlike many states, Oklahoma’s small claims courts have the power to judge evictions. The statute of limitations in Oklahoma is five years for written contracts and three years for oral contracts.
To learn more about landlord tenant laws in Oklahoma, click here.
Sources
- 1 Okla. Bar Ass'n Access To Justice Com'te, A Guide to Resources Available to Property Owners and Renters Under the CARES Act
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CARES Act Section 4024(b) prohibits landlords of certain rental ‘covered dwellings’ from initiating eviction proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the nonpayment of rent. These protections extend for 120 days from enactment (March 27, 2020). Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. (Quoting Congressional Research Service, CARES Act Eviction Moratorium, CRS Insight at 1 (April 7, 2020), https://crsreports.congress.gov/product/pdf/IN/IN1132)
Source Link - 2 Okla. Stat. tit. 22 § 114(A) & (B)
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A. The district attorney may enter into a written restitution agreement with the defendant to defer prosecution on a false or bogus check for a period to be determined by the district attorney, not to exceed three (3) years, pending restitution being made to the victim of the bogus check as provided in this section.B. Each restitution agreement shall include a provision requiring the defendant to pay to the victim a Twenty-five Dollar ($25.00) fee and to the district attorney a fee equal to the amount which would have been assessed as court costs upon filing of the case in district court plus Twenty-five Dollars ($25.00) for each check covered by the restitution agreement; provided, every check in an amount of Fifty Dollars ($50.00) or more shall require a separate fee to be paid to the district attorney in an amount equal to the amount which would be assessed as court costs for the filing of a felony case in district court plus Twenty-five Dollars ($25.00). This money shall be deposited in a special fund with the county treasurer to be known as the “Bogus Check Restitution Program Fund”. This fund shall be used by the district attorney to defray any lawful expense of the district attorney’s office. The district attorney shall keep records of all monies deposited to and disbursed from this fund. The records of the fund shall be audited at the same time the records of county funds are audited.
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