Key Takeaways
- Required Disclosures: Oklahoma landlords must provide specific information before a tenant moves in, including lead-based paint disclosure (for properties built before 1978) and whether the property has flooded in the last five years.
- Tenant and Landlord Rights: Tenants are entitled to live in habitable properties and have security deposits returned within 45 days. Landlords have the right to enforce lease agreements, raise rent, and evict tenants for violations, but must comply with state laws.
- Eviction and Repairs: Landlords can evict tenants for non-payment of rent or property damage, but must follow legal procedures and cannot retaliate. Necessary repairs must be made within 14 days of notice.
- Security Deposit and Rent Increases: Landlords must hold security deposits properly and return them within 45 days. Oklahoma has no rent control laws, allowing landlords to freely raise rent without advance notice unless specified in the lease.
Before renting out your Oklahoma rental property, ensure you have familiarized yourself with your legal obligations. This can help you build a solid relationship with the resident by minimizing potential conflicts or misunderstandings.
In today’s blog by Oklahoma Red Door Management, you’ll learn all the important basics of the Oklahoma landlord-tenant law to have on your fingertips.
Required Landlord Disclosures in Oklahoma
State law requires landlords to furnish tenants with certain information before they can move in. Please note that you must do this before the tenant can sign the lease and move in.
In Oklahoma, you must provide the following information to tenants before you can establish a rental agreement with them:
- It is a requirement for all landlords renting out properties built before 1978 to disclose the concentrations of lead-based paint.
- Names and addresses of the landlord and any party that they have authorized to act on their behalf, such as a property manager.
- Disclosure on whether the property has ever been used for the manufacture of methamphetamine.
- Whether the residence has flooded within the last five years.
Oklahoma Tenant Rights and Responsibilities
Tenants in Oklahoma enjoy the following basic rights under Title 41 of OK Statutes. A right to:
- Live in a habitable rental property that meets the state’s basic safety, health, and building codes.
- Fair and equal treatment regardless of certain protected classes under the Fair Housing Act, such as race, color, religion, or sex.
- Have the security deposit returned, whether partially or wholly, within 45 days after moving out.
- Terminate the rental agreement after serving appropriate notice if paying rent on a periodic basis.
- Be provided with the aforementioned disclosures before moving in.
When it comes to the list of responsibilities tenants have, they include the following, as per OK landlord-tenant laws:
- Pay rent as per the terms of the lease agreement without fail.
- Abide by all terms of the lease agreement, including not causing negligent property damage.
- Keep the property safe, clean, and sanitary.
- Abide by the property’s cleanliness standards.
- Not engage in activities that cause disturbance to other neighbors.
- Notify the landlord whenever property damage occurs within a reasonable time.
Oklahoma Landlord Rights and Responsibilities
Title 41 of the Oklahoma Statutes grants landlords certain rights and responsibilities as well. When it comes to your rights as a landlord, they include the following. A right to:
- Draft a rental agreement and enforce its rules and policies as long as it abides by relevant state and local laws.
- Evict a tenant for not abiding by the rules, such as not paying rent on time or causing careless property damage.
- Not to renew the lease after it expires and not having any obligation to give a reason for doing so.
- Withhold part or all of the tenant’s security deposit for legitimate reasons.
- Terminate a periodic rental agreement after giving appropriate advance notice.
- Raise the rent by whatever amount and as often as you choose since Oklahoma doesn’t have a rent control law.
- Enter rented premises to do the duties outlined under the lease agreement, such as inspecting the unit.
As for the responsibilities landlords have, they include the following:
- Provide tenants with a habitable rental property that abides by the relevant health, safety, and building codes.
- Treat tenants fairly and respectfully in all aspects of landlording.
- Not retaliate against a tenant for exercising a legal right.
- Return the portion of the security deposit within 45 days after moving in.
- Provide the resident with appropriate advance notice before terminating their periodic lease.
- Provide the resident with a “reasonable” advance notice before entering their rented premises.
- Provide the tenant with the aforementioned disclosures.
An Overview of the Landlord-Tenant Laws in Oklahoma
Habitability Requirements
When you rent out a property in Oklahoma, state law requires that it meets certain minimum habitability requirements. For example, it must have running water, heating, and working smoke and carbon monoxide detectors, among other things.
There can be certain repercussions if you fail to meet such requirements. You may risk getting sued by the tenant, a lease cancellation, or rent deductions for repairs.
Additionally, you must also be proactive with how you handle repairs. Specifically, state law requires that necessary repairs be made within 14 days after proper notification.
Tenant Evictions
You can evict a tenant for various reasons under Oklahoma law. You can evict a tenant for, among other things, failing to pay rent on time or causing negligent property damage.
The eviction process must not be a retaliatory action against the tenant or be based on a federally protected class. You cannot try to evict the tenant using self-help methods, such as locking out the tenant or removing their personal belongings.
Security Deposit Rules
As a landlord in Oklahoma, you must follow certain rules if you require tenants to pay a security deposit before moving in, including:
- Holding the tenant’s security deposit in the rightful manner. For instance, in an escrow account that is in a federally-insured financial institution.
- Returning the deposit within 45 days after the tenant moves out, less allowable deductions.
You can face certain repercussions if you fail to do so. Wrongful withholdings, for instance, can attract certain penalties.
Rent Increase Rules
There is no rent control law in Oklahoma. State law prohibits local jurisdictions from enacting their own rental control laws. Landlords are free to raise the rent by whatever amount and do so as often as they choose.
There are also no advance notice requirements, unless the lease states otherwise. Be that as it may, make sure to do your due diligence before raising rent to attract and retain quality tenants.
Bottom Line
A key piece for successful landlording is understanding your legal obligations. Luckily for you, Oklahoma landlord-tenant law is pretty straightforward on what those are.
If you’d like further clarification on these laws, or simply need expert landlording help, then look no further than Oklahoma Red Door Management. We’re your one-stop shop for all your landlording needs. Get in touch to get started!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.