What types of rental accommodations are covered by the Oklahoma Residential Landlord and Tenant Act?

The Act applies to the rental of dwellings such as houses, apartments, suites and similar accommodations.

What types of rental accommodations are NOT covered by this Act?

The Act does not cover the following:

(a) Residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) Occupancy under a contract of sale or contract for deed of a dwelling or the property of which it is a part, if the occupant is the purchaser or the purchaser's successor in interest;
(c) Occupancy by a member of a fraternal or social organization in a structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel, motel or other similar lodging;
(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
(f) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

Is it necessary to have a written lease or rental agreement?

A rental agreement can be either written or oral, however, a written agreement is recommended in order to clearly set out the rights and obligations of each of the parties.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord can charge a damage or security deposit, which must be kept in an escrow account with a federally insured financial institution. Upon termination of the tenancy, the deposit may be applied to the payment of accrued rent and the amount of any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement. The landlord must provide an itemized written statement of any deductions from the deposit, together with any remaining portion of the deposit, to the tenant within 30 days after the termination of the tenancy, delivery of possession of the premises, and written demand by the tenant. The tenant must make written demand for return of the deposit within 6 months after the tenancy is terminated, otherwise the landlord may keep the deposit.

How can the tenancy be terminated?

A lease for a fixed term expires at the end of the lease period and generally cannot be terminated before it expires, unless both parties agree. If the tenancy is month-to-month or tenancy at will, either party may terminate the tenancy by giving at least 30 days' written notice to the other party. If the tenancy is less than month-to-month, either party can terminate by giving the other at least 7 days' written notice.

Can a tenant assign a lease or sublet the premises?

State law does not address subletting or assigning a lease. Generally, this matter would be negotiated between the landlord and the tenant.

When is the landlord permitted to enter the premises?

The landlord may enter the premises to inspect the premises, make repairs or alterations, supply services or show the unit to prospective purchasers, mortgagees, contractors or tenants on 1 day's advance notice. A tenant cannot unreasonably withhold consent for the landlord to enter. In case of emergency, the landlord can enter without notice and without the tenant's consent.

The landlord is prohibited from unlawful entry, or from harassing a tenant by making repeated unreasonable demands for entry.

On what grounds can a landlord evict a tenant?

The landlord can terminate the rental agreement and seek an order for possession for a number of reasons, such as:

(a) the tenant's failure to pay rent within 5 days after written notice of the landlord's demand for payment;
(b) the tenant using the premises for any purpose other than as a place of abode;
(c) the tenant holding over after the expiration or termination of the rental agreement;
(d) a breach of any condition of the rental agreement;
(e) criminal activity which threatens the health, safety or right of peaceful enjoyment by other tenants or is a danger to the premises, or any drug-related criminal activity on or near the premises committed by a tenant, an occupant or guest of the tenant.

The landlord must give the appropriate notice stating how many days the tenant has to cure the problem. If the tenant fails to do so, the landlord can proceed with a court action to evict.

A landlord cannot lock a tenant out or otherwise try to force a tenant to move out, except through the procedure prescribed by the Act.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.