Any person in the possession of real property, with the assent of the owner, is presumed to be a tenant at will, unless the contrary is shown, except as herein otherwise provided.
When premises are let for one or more years, and the tenant, with the assent of the landlord, continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant at will; provided that no lease or rental contract of premises shall be continued unless the original contract was in writing, and all other lease or contracts shall expire by limitation with the calendar year, without notice.
When rent is reserved, payable at intervals of three (3) months or less, the tenant shall be deemed to hold from one period to another, equal to the intervals between the days of payment, unless there is an express contract to the contrary.
Thirty (30) days' notice in writing is necessary to be given by either party before he can terminate a tenancy at will, or from one period to another, of three (3) months or less; but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment.
All tenancies from year to year, may be determined by at least three (3) months' notice, in writing, given to the tenant prior to the expiration of the year.
If a tenant, for a period of three (3) months or longer, neglect or refuse to pay rent when due, ten (10) days' notice in writing to quit, shall determine the lease, unless such rent be paid before the expiration of said ten (10) days.
If a tenant, for a period of less than three (3) months, shall neglect or refuse to pay rent when due, five (5) days' notice, in writing, to quit, shall determine the lease, unless such rent be paid before the expiration of said five (5) days.
The notice to terminate the tenancy required in this chapter may be served on the tenant, or, if he cannot be found, by delivering the same to some person over the age of twelve (12) years, residing on the premises, having first made known to such person the contents thereof; or, if service cannot be made by the use of reasonable diligence on the tenant or on any person over the age of twelve (12) years residing on the premises, the same may be served by posting said notice at some conspicuous place on the building.
A lease of real property, other than lodgings, in places where there is no usage on the subject, is presumed to be for one (1) year from its commencement, unless otherwise expressed in the lease.
This act shall be known and may be cited as the 'Oklahoma Residential Landlord and Tenant Act'.
Defines: Building and housing codes; Deposit; Dwelling unit; Good faith; Landlord; Occupant; Organization; Owner; Person; Premises; Rent; Rental agreement; Roomer or boarder; Single-family residence; Tenant.
This act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. Any agreement whether written or oral shall be unenforceable insofar as it conflicts with any provision of this act.
Act does not govern: institutional residence (hospitals/detention); contract-for-deed occupancy; fraternal organization occupancy; transient hotel/motel occupancy; condominium owner occupancy; agricultural-purpose occupancy.
An aggrieved party under the provisions of this act has a duty to mitigate damages. Any right obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court. In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys' fees.
In the absence of agreement, the occupants of a dwelling unit shall pay to the landlord as rent the fair rental value for the use and occupancy of the dwelling unit. Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term of one (1) month or less, while one (1) month's rent shall be payable at the beginning of each month of a longer term.
Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week in the case of a roomer or boarder who pays weekly rent, and in all other cases month-to-month.
Month-to-month or tenancy at will: 30 days written notice required before termination effective date. Tenancy less than month-to-month: 7 days written notice. Fixed-term lease expires on ending date without notice. Holdover without consent: landlord may bring immediate action for possession plus up to twice monthly rent if willful.
A rental agreement may not provide that either party: agrees to waive or forego rights or remedies under this act; authorizes any person to confess judgment on a claim; agrees to pay the other party's attorney's fees; agrees to exculpation or indemnification of liability; or agrees to the establishment of a lien except as allowed by this act.
A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.
A person with a disability may submit a request for a reasonable accommodation to maintain an assistance animal. Unless the disability or disability-related need is readily apparent, the landlord may request reliable supporting documentation. Supporting documentation acquired through purchase or exchange of funds shall be presumed fraudulent.
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 disclose entitles tenant to sue for personal property damages sustained from flooding.
Any damage or security deposit must be kept in an escrow account in Oklahoma with a federally insured financial institution. Misappropriation is unlawful: up to 6 months county jail and fine up to twice the amount misappropriated. Upon termination: landlord may deduct accrued rent and damages with itemized written statement delivered by certified mail. Landlord shall return balance within forty-five (45) days after termination of tenancy, delivery of possession, and written demand by the tenant. If tenant does not make written demand within six (6) months after termination, deposit reverts to landlord.
As 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 and shall disclose the name and address of the person or persons authorized to manage the premises and the owner or owners of the premises. A person who fails to comply becomes a landlord for purposes of this act.
At the commencement of the term a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement. An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.
Landlord shall at all times: (1) keep common areas clean safe and sanitary (single-family exempt); (2) make all repairs to keep dwelling fit and habitable; (3) maintain in good working order all electrical plumbing sanitary heating ventilating AC and other facilities; (4) provide waste receptacles and removal (1-2 family exempt); (5) supply running water hot water and reasonable heat (single-family and separately metered units exempt). Prior to commencement landlord shall disclose if unit was used in methamphetamine manufacture unless contamination level does not exceed 0.1 mcg/100 cm2.
If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate by written notice and recover all prepaid rent and deposit, or demand performance and maintain action for possession with actual damages. If failure to deliver is willful and not in good faith, aggrieved person may recover up to twice the monthly rental computed daily for each month wrongful possession continues.
If landlord materially breaches rental agreement or §118 habitability duties: (1) Tenant may give written notice of breach; if not remedied within 14 days, rental agreement terminates 30 days after notice. (2) For remediable repairs under $100, tenant may repair and deduct after 14-day notice. (3) For failure to supply heat water electric gas or essential services: tenant may terminate immediately, procure substitute services and deduct cost from rent, recover diminution damages, or procure substitute housing with rent excused during noncompliance. (4) Uninhabitable unit posing imminent threat: tenant may immediately terminate upon written notice.
If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit, the tenant may recover possession by court proceeding, or terminate the rental agreement after giving notice of intention, and in either case recover an amount not more than twice the average monthly rental or twice actual damages, whichever is greater.
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Effective: Oklahoma self-help eviction prohibition with meaningful damages. 'Whichever is greater' standard protects high-actual-damage situations.
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or harasses the tenant by making repeated unreasonable demands for entry, the tenant may obtain injunctive relief to prevent the recurrence or upon written notice terminate the rental agreement. In either case the tenant may recover actual damages.
A landlord may adopt rules and regulations concerning tenant's use of premises. Such rules are enforceable only if: purpose promotes convenience/peace/safety/welfare or preserves property; reasonably related to that purpose; applies to all tenants fairly; sufficiently explicit; not for purpose of evading landlord obligations; and tenant has notice at time of entering agreement. A rule adopted after tenancy that substantially modifies tenant's bargain requires tenant's written consent to be enforceable.
Tenant shall at all times: (1) keep premises safe clean and sanitary; (2) dispose of waste safely; (3) keep plumbing fixtures clean; (4) use all facilities safely and non-destructively; (5) not deliberately damage premises or permit others to do so; (6) not disturb neighbors' quiet enjoyment; (7) comply with all covenants and rules; (8) not engage in criminal activity that threatens health safety or peaceful enjoyment or in drug-related criminal activity on or near premises.
A tenant shall not unreasonably withhold consent to the landlord to enter to inspect, make repairs, supply services, or exhibit to prospective purchasers/tenants/contractors. Landlord may enter without consent in emergency. Landlord shall not abuse right of access or use it to harass. Except in emergency, landlord shall give tenant at least one (1) day's notice of intent to enter and may enter only at reasonable times.
If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If landlord fails to make reasonable efforts or accepts abandonment as surrender, rental agreement is deemed terminated as of the date landlord had notice of abandonment.
If tenant abandons or surrenders possession or is evicted and leaves personal property: if no ascertainable value, landlord may dispose immediately without accounting. If property has ascertainable value, landlord shall provide written notice by certified mail to last known address specifying removal deadline (not less than 30 days); property left 30 days or longer is conclusively deemed abandoned and landlord may dispose in any reasonable manner without liability.
If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time. A landlord may terminate a rental agreement for failure to pay rent when due if the tenant fails to pay within five (5) days after written notice of landlord's demand for payment. Demand for past due rent is deemed a demand for possession and no further notice to quit possession need be given by the landlord.
(A) For remediable breach: landlord gives written 10-day notice to remedy; if not cured landlord may enter and perform work and bill as rent. (B) For material non-compliance: landlord gives written notice specifying breach; rental agreement terminates 15 days after notice unless remedied within 10 days. Subsequent breach after cure: grounds for immediate termination upon written notice. (C) Imminent harm breach: landlord may immediately file FED without prior notice period. (D) Criminal activity or drug-related activity: grounds for immediate lease termination.
A landlord shall have a lien upon that part of the property belonging to the tenant which has a reasonable relationship to the amount of the debt owed, which may be in a rental unit at the time notice is given, for the proper charges owed by the tenant and for the cost of enforcing the lien.
For properties receiving federal §42 tax credits or Oklahoma income tax credits, the owner has the right to impose conditions in lease agreements allowing the owner to decline to enter into or terminate a lease based upon prior felony conviction of any tenant or occupant including non-signing occupants. Applicable felony types include: drug possession/distribution, sex offenses, assault/battery, any felony involving violence, and other specified felonies.
🔍 Tenant Screening in Oklahoma
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Underground Landlord — Oklahoma Landlord-Tenant Law Resource
