OK
Oklahoma Landlord-Tenant Laws
Security Deposit Holding Requirements
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Must be kept in escrow account in Oklahoma
- Account must be at federally insured financial institution
- Cannot commingle with landlord's personal funds
- Misappropriation is criminal offense (up to 6 months jail + fine up to 2x deposit amount)
- No interest required on deposits
- +1 more requirements
Security Deposit Return Timeline
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- 45 days after termination AND delivery of possession AND written demand by tenant
- Must return balance with itemized statement if withholding any portion
- Statement must be delivered by certified mail with return receipt or in person
- Returned without interest
- If tenant doesn't demand deposit within 6 months, deposit reverts to landlord
- +1 more requirements
Permitted Security Deposit Deductions
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- May deduct for accrued rent
- May deduct for damages from tenant's noncompliance with Act or rental agreement
- Must provide itemized written statement
- Statement must be delivered by certified mail with return receipt or in person
- Cannot deduct for normal wear and tear
- +1 more requirements
5-Day Notice for Nonpayment of Rent
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- 5 days' written notice required for nonpayment of rent
- Notice must state demand for payment
- Tenant can cure by paying rent within 5-day period
- Notice may be given before or after filing eviction action
- If not paid within 5 days, landlord may terminate rental agreement
- +1 more requirements
15-Day Notice for Lease Violations (10-Day Cure)
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- 15-day notice required for material lease violations
- Notice must specify acts/omissions constituting noncompliance
- Tenant has 10 days to cure the violation
- If cured within 10 days, lease continues
- If not cured, lease terminates on 15th day from notice
- +1 more requirements
Immediate Eviction for Imminent Harm or Criminal Activity
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Immediate eviction allowed for imminent and irremediable harm to premises or persons
- Immediate eviction allowed for criminal activity threatening health, safety, or peaceful enjoyment
- Immediate eviction allowed for drug-related criminal activity on or near premises
- No cure period required
- Landlord may file forcible entry and detainer action immediately
- +1 more requirements
Forcible Entry and Detainer (Eviction Lawsuit) Process
Okla. Stat. tit. 12
✅ Key Requirements
View Full Statute →
- Filed in district court in county where property is located
- Proper notice must be given before filing (5-day, 15-day, or immediate depending on violation)
- Court typically schedules hearing within 5-10 days of filing
- Landlord must prove proper notice and grounds for eviction
- Tenant may present defenses at hearing
- +1 more requirements
Service of Notices to Tenant
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Personal service to tenant preferred
- If tenant not located: service to family member 12+ years residing with tenant
- If no personal service possible: posting at conspicuous place on unit + certified mail
- For landlords: certified mail if personal service not possible
- Multiple methods may be used to ensure proper service
Writ of Execution and Tenant Removal
Okla. Stat. tit. 12
✅ Key Requirements
View Full Statute →
- Issued after judgment for landlord
- Directed to sheriff or law enforcement
- Tenant given 48 hours to vacate before physical removal
- Sheriff fee: $50 or actual necessary expenses, whichever is greater
- If tenant shows non-receipt of proper notice and pays all rent/costs/fees within 72 hours, may reverse judgment (nonpayment cases only)
Abandoned Property After Eviction
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Property left for 30 days after eviction is considered abandoned
- Landlord must provide notice and opportunity for tenant to claim property
- Landlord may charge reasonable storage costs
- After proper notice and time period, landlord may sell or dispose of property
- Proceeds from sale go to unpaid rent, storage costs, then remainder to tenant if claimed
Landlord's Duty to Maintain Premises
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Keep common areas clean, safe, and sanitary (except single-family residences)
- Make all necessary repairs to keep unit fit and habitable
- Maintain all electrical, plumbing, sanitary, HVAC, and appliances in good working order
- Provide garbage/waste receptacles and arrange removal (except 1-2 family residences or where government provides)
- Supply running water, hot water, and reasonable heat (unless tenant controls directly)
- +1 more requirements
Tenant's Maintenance and Conduct Obligations
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Comply with applicable building, housing, and health codes
- Keep occupied areas clean and sanitary
- Remove garbage and waste in clean manner
- Keep plumbing fixtures clean, sanitary, and in repair
- Use all facilities and appliances reasonably
- +3 more requirements
Tenant Remedies for Landlord Noncompliance
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Tenant may give 30-day notice for material noncompliance affecting health/safety
- Notice must specify breach and state termination date if not remedied in 14 days
- If landlord remedies within 14 days, lease continues
- For repairs ≤ 1 month's rent: tenant may repair and deduct from rent after 14-day notice
- Work must be done in workmanlike manner with itemized statement to landlord
- +2 more requirements
Tenant Right to Withhold Rent for Essential Services
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Applies when landlord willfully or negligently fails to supply heat, water, hot water, electric, gas, or essential services
- Tenant must give written notice specifying breach
- Tenant may: (1) immediately terminate rental agreement, or (2) procure services and deduct cost from rent
- Costs must be reasonable
- Rights don't arise if condition caused by tenant, family, pet, or guests
- +1 more requirements
Landlord Remedy for Tenant's Failure to Maintain
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Applies to tenant violations remediable by repair, replacement, or cleaning
- Landlord must give 10-day written notice specifying breach (or immediate in emergency)
- If tenant doesn't comply, landlord may enter and have work done
- Work must be done in workmanlike manner
- Landlord may charge actual and reasonable cost
- +2 more requirements
Landlord Right of Entry
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Valid reasons: emergencies, repairs, alterations, services, showing to buyers/tenants/contractors
- Emergency entry permitted without notice or consent
- One day's notice required (except emergencies or impracticable)
- Entry only at reasonable times
- Landlord cannot abuse access rights or use to harass tenant
Remedies for Abuse of Access Rights
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Landlord unlawful/unreasonable entry or harassment: tenant may get injunction, damages, or terminate
- Tenant refusing lawful access: landlord may get injunction, damages, or terminate
- Both parties entitled to actual damages for abuse of access
- Court may grant injunctive relief to prevent recurring violations
Termination of Periodic Tenancies
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Month-to-month or at-will tenancy: 30 days' written notice required
- Less than month-to-month tenancy: 7 days' written notice required
- Either party (landlord or tenant) may terminate
- Notice period begins when notice is served
- Fixed-term leases expire on ending date without notice (unless otherwise agreed)
Holdover Tenant Remedies
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Holdover = tenant remains after lease expiration/termination without landlord consent
- Landlord may immediately bring action for possession and damages
- If willful and not in good faith: landlord may recover up to 2x monthly rent (prorated daily)
- If landlord consents to continued occupancy, month-to-month tenancy created
- Damages computed and prorated on daily basis
Tenant Abandonment of Premises
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Applies when tenant abandons, surrenders possession, or is evicted
- Property left for 30 days considered abandoned
- Landlord must provide notice to tenant
- Landlord has duty to mitigate damages by re-renting
- Must follow statutory procedures for disposal of abandoned property
Prohibition on Retaliatory Conduct
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Landlord cannot retaliate for: (1) code complaints to government, (2) complaints to landlord about violations, (3) tenant union membership
- Prohibited retaliatory acts: rent increases, service decreases, eviction threats/actions, failure to renew lease
- Evidence of complaint within one year creates presumption of retaliation
- Tenant may recover damages if retaliation proven
- Landlord may still evict for: code violation caused by tenant, rent default, or other lawful reasons
Tenant Remedies for Unlawful Eviction
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Self-help evictions (lockouts, utility shutoffs) are illegal
- Landlord must use court process (forcible entry and detainer)
- Tenant may recover possession or terminate lease
- Tenant entitled to greater of: (1) 2 months' rent, or (2) 2x actual damages
- If lease terminated, landlord must return prepaid rent and security deposit
- +1 more requirements
Required Landlord Disclosures
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Must disclose in writing: (1) name/address of property manager, (2) name/address of owner or agent for service of process
- Disclosure required at or before tenancy begins
- Must disclose if property flooded within past 5 years
- Flood disclosure must be prominent and in writing as part of rental agreement
- Failure to disclose flood information: tenant may sue for personal property damages
- +1 more requirements
Rental Agreement Terms and Prohibited Provisions
Okla. Stat. tit. 41
✅ Key Requirements
View Full Statute →
- Prohibited clauses: (1) waiver of statutory rights/remedies, (2) confession of judgment, (3) either party pays other's attorney fees, (4) exculpation/indemnification clauses
- Prohibited provisions are unenforceable
- Applies to both landlord and tenant equally
- No specific penalties mentioned for using prohibited provisions