US News named Oklahoma as the second most affordable state to live in, and when paired with low property taxes and low mortgage rates, Oklahoma is one of the best places to invest in real estate. Oklahoma also has a solid rental market with a consistently growing population and many colleges and universities.
Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Oklahoma voting information here.
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Oklahoma Renters’ Rights and Landlord Responsibilities
- Required to make repairs within 14 days
- Must return security deposit within 45 days
- No notice required before raising rent
- Must give 24 hours’ notice before entering
When it comes to Oklahoma rental laws, there are a few specifics landlords need to know:
- Making Repairs – It is the landlord’s responsibility to keep the rental in safe and healthy living conditions. If something needs repairing, the tenant may deliver the landlord written notice of what needs to be repaired or replaced. The landlord then has 14 days to make the repairs, and if they fail to do so, the tenant may pay for the repairs themselves and deduct the cost from their next rent payment.
- Security Deposit – Oklahoma law does not limit what a landlord can charge for the security deposit. They must, however, return the deposit within 45 days of the tenant moving out.
- Raising Rent – Landlords in Oklahoma may increase the rent to any amount at any time with no justification.
- Notice of Entry – Landlords must give their tenants a minimum notice of 24 hours before entering the unit unless it is an emergency situation, then no notice is required.
Oklahoma Landlords’ Rights and Tenant Responsibilities
- Tenants have five days to pay rent after they receive a written notice
- Renters have 10 days to claim abandoned property
- Tenants must keep the property in safe and habitable conditions
Overdue Rent – If a tenant fails to pay rent on time, the landlord may supply them with a notice that gives them five days to pay the rent. After these five days, the landlord may file for eviction. Oklahoma law does not limit what a landlord may charge for late fees.
Abandoned Property – If a tenant moves out and leaves behind personal property, the landlord must give the tenant 15 days to claim the items. If the tenant fails to claim the property, the landlord may dispose of it in any way they deem acceptable.
Tenant Responsibilities – Tenants are required to remove all garbage and keep fixtures clean. They must also make minor repairs around the property when necessary.
Rental Application Fees
There are no additional rental application fee laws in Oklahoma.
Criminal Background Check
- HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately.
- However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide and/or stalking, denying the application is allowed.
- Landlords should have a consistent and equal policy or procedure in place to follow regarding criminal background checks so as not to discriminate against one class of people over another.
- HUD states that a landlord cannot ask about arrest records, only convictions, as innocent people are commonly arrested though the situation may not have resulted in a conviction.
- Some municipalities may have written their own laws expanding onto what you can and cannot ask regarding criminal backgrounds during the tenant screening process.
Security Deposit
Security deposits must be placed in an escrow account within an FDIC-insured bank within the state.
Lease Agreement Disclosures
- Landlords must disclose if the property has been involved in the manufacture of methamphetamines.
- Landlords must disclose if the property has been subjected to flooding within the past five years.
Build an Oklahoma lease agreement in less than 15 minutes.
Discrimination
Oklahoma gives added protection based on age.
Oklahoma Lease Agreement Example
There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Oklahoma lease agreement listing details found in Section 1:
| Property Address: | 1200 Broadway Ave. Unit #104 Tulsa, OK 74008 | |
| Lease Start Date | 3/01/21 | See section 1.5 |
| Lease End Date: | 2/28/22 | See section 1.5 |
| Total Monthly Rent: | $1,620.00 | See section 1.6 |
| Monthly Base Rent: | $1,500.00 | See section 1.6 |
| Monthly Pet Rent: | $120.00 | See section 1.6 |
| Prorated Rent Amount: | $1,000.00 | See section 1.10 |
| Total Deposit(s): | $1,500 | See section 1.8 |
| Security Deposit: | N/A | See section 1.8 |
| Pet Deposit: | N/A | See section 1.8 |
| Other Deposit: | N/A | See section 1.8 |
| Total Non Refundable Fee(s): | $100.00 | See section 1.9 |
| Move-in Fee: Description | $100.00 | See section 1.9 |
| Late Fee: | 5% if not paid by the 5th. | See section 2.1 |
Oklahoma Landlord-Tenant Law FAQ
Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Oklahoma:
Can You Withhold Rent in Oklahoma?
The only case in which a tenant may withhold rent in Oklahoma is under the repair and deduct statute. This takes effect if the landlord fails to make necessary repairs and then the tenant may pay for the repairs and deduct the cost from their next rent payment.
How Long Does it Take to Evict a Tenant in Oklahoma?
Evicting a tenant in Oklahoma can take anywhere from five to 30 days depending on the reason for eviction.
Is Oklahoma a Landlord-Friendly State?
Oklahoma is generally a landlord-friendly state where landlords are able to charge and raise the rent at any time with no maximums. Make sure to always check local area laws along with state laws to ensure you’re fully educated.
What is the Eviction Process in Oklahoma?
There are four reasons a landlord may file for eviction in Oklahoma. Failure to pay rent, violation of the lease agreement, end of lease term, and illegal activity. Depending on the violation, the landlord must give the tenant notice and anywhere from five to 30 days to cure their violation.
If the tenant fails to cure or move out, then the landlord may file a complaint with the court, which will then be served to the tenant within three days. The eviction hearing will then be held five to 10 days after the tenant has been served.
If the court rules in favor of the landlord, then a writ of execution will be issued within a few hours to a few days. The tenant will have 48 hours to move out once they have been served the writ of execution.
How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Oklahoma?
Landlords must give tenants a 30-day notice before requiring them to move out.
Due Diligence and Oklahoma Rental Laws
TurboTenant has utilized many municipal sources along with official state statutes in order to compile this information to the best of our ability. However, local laws are always in flux, and landlords and tenants alike should be sure to do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Oklahoma. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.
Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Oklahoma Landlord-Tenant Law Resources
Oklahoma Fair Housing Resources
Other State Resources
- What are Your Rights and Duties as a Tenant? – Oklahoma Bar Association
- What are Your Rights as a (Residential) Landlord? – Oklahoma Bar Association