Property Management Blog

Title 41 of Oklahoma Statutes is quite clear on what each party of a rental agreement can and cannot do.

For instance, as a landlord, while you have a right to evict a tenant, the process must be judicial. You must not try to evict them through threats, coercion, or forcing them to leave by locking them out or throwing out their belongings.

Similarly, tenants also enjoy certain rights and obligations under Oklahoma landlord-tenant laws. For example, tenants have a right to a livable home. On their part, though, they must keep it clean and sanitary during their tenancy, among other responsibilities.  

With that in mind, here are the key basics of the Oklahoma landlord-tenant law. As a landlord, having this information at your fingertips can help you solidify your relationship with the tenant.

Oklahoma Landlord Rights

Landlords in Oklahoma have a right to do the following:

• Reject a tenant who fails a bonafide screening process.
• Evict a tenant who fails to uphold the terms of the rental agreement.
• Not renew leases after they end without reason.
• Terminate a periodic lease like a month-to-month lease after proper notification.
• Demand a security deposit as part of the initial move-in costs.
• Demand the due rent remaining in a lease period in case a tenant breaks their lease unjustifiably.
• Raise rent by whatever amount since Oklahoma doesn’t have a rent control law.
• Enter the rental premises for rental property showings, inspections, and repairs and maintenance.
• Draft and enforce a rental agreement.

Oklahoma Residential Landlord Responsibilities

Landlords in Oklahoma City, OK, must do the following when renting out a property:

• Enforce the terms of the lease agreement, such as collecting rent when it’s due.
• Draft leases that abide by federal, state, and local laws.
• Provide renters with a livable home.
• Make repairs within a reasonable time.
• Notify a tenant at least 24 hours before entry.
• Treat a tenant fairly based on the protected classes.
• Make a reasonable effort to re-rent rental units after the original tenant breaks their lease without a proper justification.
• Return the security deposit (or whatever portion remains) within 45 days after moving out.
• Conduct a just eviction process when evicting tenants for lease violations.

Tenant Rights

After a verbal agreement, making a rent payment, or signing a lease, state law guarantees renters the following rights. A right to:

• Rent a livable home.
• A just removal exercise that isn’t through threats, coercion, or discrimination based on the state’s protected classes.
• The refund of the security deposit (or whatever portion remains) within 45 days after moving out.
• Terminate a periodic lease after serving proper notice to the landlord.
• Break a fixed-term lease due to justifiable reasons such as when joining the military on active duty.
• Fair and equal treatment under the Federal Fair Housing act.
• At least 24 hours advance written notice before landlord entry.

Tenant Responsibilities

Tenants in Oklahoma bear the following responsibilities:

• Care for their rented premises by keeping it clean, safe, and sanitary.
• Use any provided fixtures and appliances reasonably and for their intended purposes.
• Respect the peace and quiet of other renters or neighbors.
• Abide by the cleanliness standards as per the lease.
• Report any issues to the Oklahoma landlord within a reasonable time frame.

An Overview of the Oklahoma Tenancy Laws

Tenant Privacy Laws

Oklahoma landlord-tenant laws grant landlords the right of entry for legitimate reasons. This includes inspecting the home, responding to an emergency, conducting repairs and maintenance, or during property showings. A written notice of at least 24 hours in advance is required by state law, except during emergencies.

Housing Discrimination

Oklahoma landlords must treat tenants without discrimination. This is a legal requirement under both the federal and state law. Federal law protects tenants from discrimination based on race, color, sex, nationality, religion, disability, and familial status. Furthermore, state law prohibits discrimination against tenants based on age.

A landlord can avoid potential discrimination lawsuits by doing the following. Avoid discriminative questions during tenant screening. For instance, asking a tenant whether they are pregnant or married.

Avoid phrases in your marketing ad that show preference or limitation toward a protected class. For example, “Ideal for Females” or “Suitable for a Single Professional.” Have a standard and consistent policy on responses to repairs and maintenance. Enforce the terms of the lease consistently and fairly across all tenants.

Tenant Eviction

Landlords can evict tenants who go against the terms of the lease agreement. Common lease violations in Oklahoma include the following:

• Failure to pay rent when it becomes due.
• Not abiding by the lease requirements.
• Failure to move out after the lease ends.
• Committing an illegal activity that threatens other tenants’ safety or health.

Rent Increases

Under Oklahoma law, landlords are free to raise rent by whatever amount. This is because the state doesn’t have rent control laws in place. Also, local jurisdictions are prohibited from creating their laws to cap rent raises. 

And unlike most states, there are no written notice requirements for landlords before a rent increment. To avoid potential issues, however, make sure the lease addresses a minimum notice period.

Habitability

State law requires landlords to rent out habitable homes. At the very minimum, the rental unit must have:

• Hot and cold running water.
• Adequate garbage containers.
• Working carbon monoxide and smoke detectors.
• No major defects that can pose a danger to the tenant.
• A functional electrical system.
• A functional plumbing system that is free from leaks.

A landlord must also perform necessary repairs promptly. The Oklahoma warranty of habitability requires landlords to make repairs within 14 days.

Mandatory Disclosures

Before a tenant can move in, the following are some of the things a landlord must notify them about:

• Lead-based paint concentrations for homes built before 1978.
• Contact details of the property owner and the person or entity entrusted with managing it.
• Disclosure about methamphetamine manufacturing on the property.
• Disclosure about any flooding that has occurred in the unit within the last 5 years.

Bottom Line

Now you’re familiar with your legal responsibilities as a landlord in Oklahoma. Understanding and staying compliant with these laws may seem overwhelming, for further clarification or expert management help, look no further than OKC Homes 4 You.

Our property managers have been providing exceptional services to Oklahoma property owners since 2009. Contact us today 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.