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 following disclosures are either required for some or all residential lease agreements in Oklahoma.
- Landlord’s Name & Address – for all rental units in Oklahoma.
- Flooding Disclosure (PDF) – for any rental unit that has flooded in the past 5 years.
- Methamphetamine Contamination Disclosure (PDF) – for any rental unit where the landlord is aware of potential contamination.
- Lead Based Paint Disclosure (PDF) – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Oklahoma.
Landlord’s Name & Address
Applicable to all rental units in Oklahoma.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
Applicable to any rental unit that has flooded in the past 5 years.
If a dwelling unit has been flooded within the past 5 years, landlords are legally required to include it in their Oklahoma leasing 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.
Methamphetamine Contamination Disclosure
Applicable to any unit where the landlord is aware of potential contamination.
In Oklahoma, disclosure of any knowledge relating to methamphetamine manufacturing in the property to be rented must be disclosed in the lease agreement. The property may also not be rented if dangerous levels of contamination exceeding 0.1 micrograms per 100 square centimeters are found to be present, unless the property has gone through decontamination to safe levels .
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination
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 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.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Oklahoma law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Oklahoma law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Oklahoma does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.