Oklahoma Rental Agreement

An Oklahoma rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Oklahoma landlord-tenant law governs these agreements; rental terms must be within the limits allowed by law.

Oklahoma Rental Agreement Types

An Oklahoma residential lease agreement (“rental agreement”) is a legal contract for a tenant to rent a residential property from a landlord, subject to terms and conditions agreed by all parties.

An Oklahoma month-to-month lease agreement is a contract (not necessarily written) where a tenant rents property from a landlord. The full rental term is one month, renewable on a month-to-month basis.

Oklahoma landlords may use a rental application form to screen prospective tenants. A rental application collects information relating to finances, rental history, and past evictions.

An Oklahoma sublease agreement is a legal contract where a tenant ("sublessor") rents (“subleases”) property to a new tenant (“sublessee”), usually with the landlord’s permission.

An Oklahoma roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.

An Oklahoma commercial lease agreement is a legal contract arranging the rental of commercial space between a landlord and a business.

Common Rental Agreements in Oklahoma

• Oklahoma Real Estate Contract Form – this template is for use by members of Oklahoma Real Estate Commission members only. It is in common use throughout Oklahoma. It provides thorough rules and processes for most residential situations, including tenant responsibilities and flood insurance disclosures. There is also a slightly older version in circulation more suitable for situations where the landlord isn’t represented by a broker.

Oklahoma Required Residential Lease Disclosures

• Landlord’s Name and Address(required for all leases) – Oklahoma leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
• Flooding Disclosure(required for some leases) – Oklahoma landlords renting out any property that has experienced flooding in the past 5 years must include a notice to inform potential tenants.
• Methamphetamine Contamination Disclosure(required for some leases) – Oklahoma rental properties with methamphetamine contamination levels above 0.1 micrograms per 100 square centimeters may not be rented. Any known contamination must be disclosed in the lease.
• Lead-Based Paint Disclosure(required for some leases) – For any property built before 1978, federal law requires that an Oklahoma residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.

To learn more about required disclosures in Oklahoma, click here.

Oklahoma Landlord Tenant Laws

• Warranty of Habitability – Oklahoma landlords can only rent out property that’s habitable, which means providing certain features essential to basic health and safety like heat, plumbing, and sound structural elements. Landlords must make repairs to these features within 14 days of proper notice from a tenant. Failure to repair lets a tenant terminate the lease, or repair and deduct from the rent. Oklahoma doesn’t let tenants withhold rent.
• Evictions – Oklahoma landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. This means most evictions in Oklahoma can take between five days to a few weeks. Properties covered by the federal CARES act are entitled to a minimum 30 days of notice before eviction, which can lengthen the process considerably. [1]
• Security Deposits – Oklahoma does not place a maximum cap on what a landlord can charge for a security deposit. Landlords must return any unused portion of a security deposit within 45 days after lease termination.
• Lease Termination – Oklahoma lets month-to-month tenants terminate a lease in Oklahoma with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
• Rent Increases and Fees – Oklahoma law does not have any restrictions on rent increases and fees; however, court rulings indicate there are limits. As such, these landlords are not required to provide any notice or justification for an impending increase.
• Landlord Entry – Oklahoma landlords can enter rental property for purposes reasonably related to the tenancy, like repairs and inspections. They must provide 24 hours of advance notice before entering, unless it’s an emergency.
• Settling Legal Disputes – Oklahoma allows resolution of landlord-tenant disputes in small claims court, as long as the value in controversy is under $10,000. Unlike many states, Oklahoma’s small claims courts have the power to judge evictions. The statute of limitations in Oklahoma is five years for written contracts and three years for oral contracts.

To learn more about landlord tenant laws in Oklahoma, click here.