Oklahoma is home to more than 4 million people. Out of these, about 40% of households are resident-occupied. In other words, this means that about 1.6 million people pay rent on their homes.
Now, conflicts between Oklahoma residential landlords and tenants aren't unheard of. And to help minimize these types of resident-landlord problems and foster a harmonious landlord-tenant relationship for landlords and renters, the state of Oklahoma has an extensive and rather straightforward set of landlord-tenant laws in place.
The Oklahoma landlord-tenant act defines important things, such as when to return a tenant's security deposit and how much written notice landlords must give before accessing rented property. As a landlord renting out a property, having a good understanding of the statewide tenancy laws is key. Among other things, it can help Oklahoma landlords serve their renters better while avoiding legal troubles.
The following is a basic overview of the Oklahoma residential act:
Required Landlord Disclosures in Oklahoma
According to the Oklahoma landlord tenant act, an Oklahoma landlord must make certain information known to their renters prior to them signing the lease agreement. The following are the mandatory disclosures landlords must tell tenants about:
Lead-based Paint
Was the Oklahoma rental property built before 1978? If so, there is some chance that it contains lead-based paint. Lead exposure can be a health risk. It can cause all types of health issues, from high blood pressure to heart diseases. For older rental properties, this disclosure is mandatory to give to tenants.
Recent Flooding
Has the property ever been subjected to flooding in the past five years? If so, then an Oklahoma landlord must provide notice to their renters of this prior to signing the lease.
Methamphetamine
Has the property ever at some point been used in the manufacture of methamphetamine drugs? If a landlord knows or has reasons to believe there's been drug related criminal activity on the premises, they have a legal obligation to let give notice to their tenants.
Name & Address of the Landlord
A landlord must also let their resident know of the person who owns and manages the dwelling unit.
It goes without saying that these disclosures must be in writing and provided before lease agreement signing.
Rights & Responsibilities of Oklahoma Landlords
An Oklahoma landlord has a right to:
-
Enter their tenant's home to carry out any of their responsibilities. For example, to repair an issue, or to inspect the property for damage.
-
Make changes to the rental agreement so long as they get their tenant's consent.
-
Receive a written notice when tenants are looking to terminate their tenancy.
-
Receive proper notice when their tenant wishes to leave the unit for an extended period of time.
-
Evict the tenant and terminate the lease if the tenant fails to abide by the lease or rental agreements terms, such as unpaid rent.
Below are some landlord responsibilities under Oklahoma landlord-tenant law:
-
Providing the resident with a rental unit that meets the basic local habitability codes and perform specific repairs, maintenance and inspections
-
Following all terms of the rental agreement
-
Treating all tenants fairly and equally as per the provisions of the state's Fair Housing laws
-
Responding to necessary repairs or provide maintenance in a timely manner
-
Respecting the renters peaceful enjoyment
-
Maintain essential services like water and heat
-
Fairly cancel an incoming eviction if the tenant adequately remedies the problem in a reasonable manner.
Oklahoma Tenant Rights & Responsibilities
Oklahoma landlord-resident laws state that resident rights include:
-
Living in a habitable rental unit
-
Receiving written notice when the Oklahoma residential landlord wishes to enter their unit to carry out their rent responsibilities, like completing repairs at reasonable times
-
Being treated fairly and equally without discrimination before, during and after the rent period
-
A judicial eviction process
As for tenant responsibilities under the Oklahoma residential rental laws, they include:
-
Keeping the property clean and sanitary during the rent period, including frequent removal of trash from the unit
-
Abiding by the terms of the Oklahoma lease agreement during the rent period
-
Give proper notice to landlords when repairs are needed
-
Giving the landlord written notice when looking to vacate their rental property
-
Terminate the lease agreement with just cause and after giving written notice
-
Give notice to the landlord when looking to be away from the residence for an extended period of time
-
Pay rent on or before the due date each rent payment period.
-
Letting the tenant know of any maintenance issues that arise during the rent period
-
Repairing any damage that results from their negligent use of the Oklahoma property
Overview of Oklahoma Rental Laws
1. Security Deposit Rules
Oklahoma has basic rules for both landlords and tenants in regard to a security deposit for the rent period. One such rule is how landlords should store their tenant's security deposit. Immediately after a landlord receives the security deposit, they must store the security deposit in an escrow account. This account the security deposit is in must not only be federally insured, but must also be in a financial institution located within the state.
Another rule pertains to the return of the tenant's security deposit. After a tenant moves out, a property owner must return the security deposit within 30 days with a written statement of any deductions made to cover any necessary costs like unpaid rent or repairs. If the landlord fails to properly return this security deposit, they could end up in legal trouble under the residential Landlord-Tenant Act.
2. Landlord Entry
Every tenant in the United States has a right to privacy. Barging in uninvited can be a recipe for legal issues, especially if done multiple times and not in the case of an emergency. Such actions can be grounds for a tenant to sue and can cost you a significant amount to fix.
Granted landlords have a right to enter their rental unit. However, this right is only guaranteed so long as the landlord is entering to carry out one of their responsibilities. These may include:
-
Inspecting the unit for damage
-
Conducting agreed or requested repairs
-
Investigating potential lease violations or failure to pay rent
-
Showing the unit to prospective buyers, lenders or tenants
-
In the event of an emergency
Even so, landlords must first notify their Oklahoma tenant of their intentions to enter the rented premises unless for extremely urgent emergency matters. This must be a written notice and the tenant must be made aware of it at least 24 hours in advance. If the landlord fails to provide this written notice appropriately, tenants can terminate their lease or rental agreement according to Oklahoma landlord-tenant law.
3. Fair Housing Rules
The Fair Housing Act prohibits discrimination in housing-related matters against any person based on protected characteristics. In Oklahoma, the protected characteristics are sex, religion, color, race, age, national origin, and disability.
As such, Oklahoma landlord tenant laws require landlords to be careful about how they write property descriptions and lease agreements, as well as how they screen prospective tenants. For instance, it's illegal to include any of the following statements in a marketing copy per the federal Fair Housing Act as they could be considered forms of housing discrimination:
-
Ideal for a single professional
-
Great for working folk or students
-
Ideal for a quiet couple
-
Perfect for a male student
All these statements discriminate against a tenant in one way or another and therefore violate their Fair Housing Rights. Infractions on fair housing rules give applicants the grounds to sue and cost you a lot of money on top of dealing with the vacancy.
4. Eviction Rules
As already mentioned, tenants have a right to a judicial eviction process with proper written notice. This means that it'd be illegal for a property owner to take matters into their own hands and immediately evict tenants without any written notice at all. For example, by removing the tenant's belongings from the unit, or by shutting off utilities. Such eviction actions will not only delay the process, but can also have legal consequences.
To begin the eviction process, landlords first need to have a legal cause, such as a if a tenant doesn't pay their rent or another kind of lease violation. Next, the landlord will need to serve the tenant with an eviction notice. Depending on the action the tenants takes after receiving the written notice, they may need to take the eviction process a notch higher by taking them to court.
Summary
It's important to understand Oklahoma law and federal law as it pertains to tenants rights and landlord duties. These rental laws are subject to change therefore it's important to remain up-to-date with the appropriate legal resources for everything from security deposits to notice requirements and more.
If need further help consider hiring professional legal services or an experienced property management company. Contact our team at Draper Realty for support.
Disclaimer: This information is only intended to be informational and is not a substitute for professional legal advice or legal resources.