The Oklahoma sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Oklahoma?
A tenant does have to get the landlord’s explicit written permission to sublet in Oklahoma. Even after permission is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a poor job history or poor references.
Standard Oklahoma Sublease Agreements
Here’s what is generally included in an Oklahoma sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Term – List the exact date of the sublease beginning and ending date.
- Rent – List how much the rent is, when, and how to pay it.
- Master Lease Inclusion – A copy of the original lease is attached to the sublease. If any exceptions in the original lease are not included they should be clearly stated in this section.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages as stated in the original lease agreement.
- Authorized Occupants – A list that identifies the new tenant(s) and those who are authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – There is no limit on how much a landlord can collect for a security deposit in Oklahoma. The security deposit is held by the Sublessor (not the landlord).
- Pet Deposit – If a tenant has a pet, the landlord can collect an additional pet deposit except for service dogs and emotional support animals.
- Return of Security Deposit – Oklahoma landlords have 45 days to return any unused portion of the security deposit once the lease is terminated and the tenant requests the deposit. If the tenant does not make a written request within 6 months after the termination of the tenancy, the landlord can keep the deposit free from any claim by the tenant.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in Oklahoma
A sublessor may be subject to city, state, and county taxes. For example, in Oklahoma City, taxes may include:
- Oklahoma State Sales Tax – 4.5%
- Oklahoma City Sales Tax – 3.875%
- Oklahoma City Lodging Tax – 5.5%
