An Oklahoma residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Oklahoma Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Oklahoma:
Disclosure | Applicable To |
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Landlord’s Name and Address | All Units |
Flooding | Units Flooded Within Past 5 Years |
Meth | All Potentially Contaminated Units |
Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applies to all Oklahoma rentals.
Oklahoma leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Flooding Disclosure
Applies to any Oklahoma rental which has flooded in the past five years.
Oklahoma landlords must include a disclosure when renting any properties which have flooded by an overflow of a lake, stream, river, creek or other inland water within the past five years.
This is an example of a flooding disclosure:
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.
Download: Oklahoma Flood Zone Disclosure Form (PDF)
Methamphetamine Contamination Disclosure
Applies to any Oklahoma rental where the landlord is aware of potential methamphetamine contamination.
Oklahoma requires disclosure of any knowledge about methamphetamine contamination on the rental property. The disclosure requirement applies until contamination levels are professionally assessed to be below one-tenth of one microgram (0.1 mcg) per 100 square centimeters of surface material.
This is an example of a methamphetamine contamination disclosure:
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property has:
[ ] Been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] No suspicion of contamination
Download: Oklahoma Methamphetamine Contamination Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applies to any Oklahoma rentals built before 1978.
Oklahoma residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Oklahoma Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Oklahoma law in residential lease agreements, but help with tenant management and landlord liability.
Optional Disclosure | Purpose |
---|---|
Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Oklahoma only requires that late fees be “reasonable.” A landlord may collect a fee of $25 per returned check through the Bogus Check Restitution Program. |
Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
Move-In Checklist | Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Oklahoma landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 Okla. Stat. tit. 41 § 116(A)
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As a part of any rental agreement the lessor shall prominently and in writing identify what person at what address is entitled to accept service or notice under this act. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
1. The person or persons authorized to manage the premises;
2. The owner or owners of the premises; or
3. The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices.
The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager.
Source Link - 2 Okla. Stat. tit. 41 § 113a
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A. If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. Failure to provide such information shall entitle any tenant who is a party to the rental agreement to sue the landlord of the premises in a court of appropriate jurisdiction and to recover the personal property damages sustained by the tenant from flooding of the premises.
B. For the purpose of this section, “flooded and flooding” shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters.
Source Link - 3 Okla. Stat. tit. 41 § 118(C)
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Prior to the commencement of a rental agreement, if a landlord knows or has reason to know that the dwelling unit or any part of the premises was used in the manufacture of methamphetamine, the landlord shall disclose this information to a prospective tenant. Provided however, if the landlord has had the level of contamination assessed within the dwelling unit or pertinent part of the premises, and it has been determined that the level of contamination does not exceed one-tenth of one microgram (0.1 mcg) per one hundred square centimeters (100 cm2) of surface materials within the dwelling unit or pertinent part of the premises, no disclosure shall be required.
Source Link - 4 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.
Source Link