Are you renting out your house in Oklahoma? If so, you must familiarize yourself with Title 41 of the state’s Statutes. These help define the landlord-tenant relationship for minimal conflicts or misunderstandings. This article will cover key aspects of the Oklahoma landlord-tenant laws you should know.
Tenant Rights & Responsibilities in Oklahoma
After establishing a lease or rental agreement with a residential landlord, Oklahoma tenants get to enjoy a right to:
- A habitable home.
- A judicial eviction process before removal from their rented premises.
- Exercise certain rights without retaliation from the landlord.
- Have the security deposit, or whatever portion remains, refunded after moving out.
- Be treated fairly as per the Oklahoma fair housing laws.
- Get a one-day advance notice before the landlord can enter the unit.
- Receive proper notification before termination of their periodic tenancy.
- Get certain mandatory disclosures before the residential leases come into effect.
A rental agreement also places certain responsibilities on tenants, like:
- Abiding by all terms of the rental agreement, such as paying rent.
- Allowing the landlord to enter, as long as it is for legitimate reasons such as rental inspection and maintenance.
- Notifying the landlord before breaking the rental agreement.
- Paying the security deposit, in addition to the other initial moving costs if required by the landlord.
- Maintaining the unit to the required standards of cleanliness and sanitation.
- Using the provided fixtures and appliances in good working condition.
- Notifying the landlord whenever repairs or maintenance is needed.
- Not causing disturbance or disruption to other neighbors or tenants.
Landlord Rights & Responsibilities in Oklahoma
Oklahoma landlord-tenant laws also grant landlords certain rights and responsibilities. They have a right to:
- Enter a tenant’s rented unit for functions, such as inspections, maintenance, and emergencies.
- Draft a legal lease agreement and enforce its terms on tenants.
- Reject an applicant in compliance with Fair Housing laws.
- Charge a security deposit and make appropriate deductions for certain lease violations.
- Evict a tenant who fails to abide by the terms of the lease, such as paying rent.
- Not to renew the lease after it expires without giving a reason.
- Terminate a periodic lease after properly notifying the tenant.
- Holding the tenant liable for the rent for the remaining lease period.
- Raise rent by whatever amount and raise it as often as per the terms of the agreement.
When it comes to responsibilities, they include:
- Providing your tenants with mandatory disclosures before the lease becomes effective.
- Notifying your tenant prior to entering their rented premises.
- Treating tenants fairly, equally, and respectfully regardless of their race, color, or other protected classes under the Federal Fair Housing act.
- Making a reasonable effort to re-rent the unit after the old one breaks their fixed-term lease illegally.
- Adhering to the state’s security deposit laws, including returning the portion of the deposit to the tenant within 45 days after moving out.
- Following the state’s judicial eviction process when removing a tenant from the premises.
- Providing the tenant with habitable living conditions, including making requested repairs within 14 days after receiving a written request.
An Overview of the Oklahoma Landlord Tenant Laws
Here are is general overview of Oklahoma’s landlord-tenant laws:
Oklahoma Habitability Requirements
As a landlord in Oklahoma, you must rent out a premises that meets the state’s basic health and safety codes. Among other things, you must ensure the premises has the following:
- Running water.
- Heating during the cold months.
- Working smoke and carbon monoxide detectors.
- Adequate garbage receptacles.
- Reasonably working plumbing system.
Keeping a property habitable also entails making repairs promptly. Under Oklahoma law, landlords have 14 days to respond to a tenant inquiry for repairs.
Tenant Evictions in Oklahoma
Evictions in Oklahoma must follow the state’s judicial process. You must have a proper justification, such as nonpayment of rent, lease agreement violation, or refusal by the tenant to leave after the lease period ends. Next, you must terminate the tenancy by serving the tenant with an eviction notice. If the tenant fails to honor the written notice, you can seek legal action.
It’s important for landlords to note that evictions in Oklahoma City are becoming more difficult, time-consuming, and costly. This is because legal aid organizations are increasingly intervening to support tenants. Now, many tenants can show up to court and be offered a free attorney through legal aid services.
Legal representation for tenants often results in delays, as courts may allow more time to review cases, hear arguments, or explore alternatives. With the increased involvement of legal aid, it becomes harder for landlords to remove tenants quickly, even when they’re bending on rent.
It is becoming increasingly important for Oklahoma residential landlords to partner with a reputable property management company to thoroughly screen potential tenants and handle potential evictions.
Security Deposit Rules
Most landlords in Oklahoma require tenants to pay a security deposit before moving in as it provides protection against possible financial strain caused by certain tenant actions.
That said, there are certain rules that you must abide by as a landlord in the collection and refund of security deposits, including only making allowable deductions and returning it within 45 days after the tenant leaves.
Mandatory Disclosures in Oklahoma
You must provide a tenant with the following information before the lease can become effective:
- Information about concentrations of lead-based paint if the unit was built in 1978 or prior.
- The names and addresses of the persons tasked with owning and managing the rental property.
- Whether you have any knowledge of the premises being used as a manufacturing unit for methamphetamine.
- Whether flooding has occurred in the unit within the last 5 years.
Landlord Entry
As a landlord in Oklahoma, you have a right to enter the rental unit for several reasons including for inspections, maintenance, and property showings. You must, however, provide the tenant with a proper notice at least 24 hours before entering their residential rental property. An exception for this is during an emergency.
Bottom Line
Now you know the key basics of the state's rental laws. These should help you stay legally compliant in the day-to-day running of your rental property. For further clarification or expert property management help, please get in touch with Archstone Properties.
Archstone Properties is a dependable and knowledgeable property management company in the Oklahoma metropolitan area with over 30 years of experience. Contact us today to learn more!
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.
