Oklahoma Landlord-Tenant Laws
Oklahoma has rental laws regarding evictions, tenant screening, rent and fees, and security deposits, and these laws vary from the laws that other states may have concerning these issues. Below are some of the most important landlord-tenant laws to know when renting to new tenants in Oklahoma.
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Rent and Fees
One important group of Oklahoma lease laws to know are the withholding rent/repair and deduct actions. If the landlord neglects an issue in the unit that affects the health of the tenant, the tenant may notify the landlord of their intention to correct the condition if the repairs cost less than one month’s rent, and this cost can be at the expense of the landlord. If the landlord has not corrected the breach within two weeks, the tenant can arrange for the repair and deduct the reasonable amount they spent from their rent payment.
However, if necessities like running water or heat are not provided, the tenant can either terminate the lease, procure the amounts of the missing service and deduct that cost from rent, or find alternative accommodations.
Other than these two laws, rent and fee regulations in Oklahoma are largely straightforward.
Rent control is banned, which means that local governments cannot limit the price of rent, and rental application fees are likewise unregulated in Oklahoma. There is also no specific late fee maximum, but late fees are typically upheld by the courts if the fee is reasonable. Additionally, there is no mandatory grace period in Oklahoma, so landlords can charge late fees and send eviction notices immediately after the rent due date.
Tenant Screening
Tenants with disabilities in Oklahoma have the right to own a service or emotional support animal in any rental unit. However, if it is not readily apparent that the individual would need a service animal, the landlord may ask for documentation to prove that the animal is a service or assistance animal.
Also, an Oklahoma criminal background check may be conducted during tenant screening, but landlords should be careful to follow HUD recommendations for using this information fairly and avoid discriminating against tenants solely based on the existence of a criminal history.
Security Deposits
Landlords can charge the security amount they see fit, seeing as there are no limits on security deposit amounts in Oklahoma. Landlords are also not required to pay any interest on these deposit amounts to tenants, though they must be kept in escrow accounts within a federally insured, State of Oklahoma financial institution.
Oklahoma law does dictate that landlords must return the tenant’s security deposit within 45 days after the lease ends and itemize any deductions from that deposit in a written statement detailing what the deduction was for and how much it cost.
Required Disclosures
If the landlord has knowledge that the unit has been flooded in the past five years or was used to manufacture methamphetamine, they must notify all prospective tenants and disclose this information in the rental agreement. However, if the level of methamphetamine contamination is less than 0.1 mcg per 100 cm2, the landlord does not have to disclose it.
Tenants must also be notified of the name and address of the owner, manager of the unit, or any other people authorized to accept notices. This disclosure must be in writing, preferably in the lease.
Evictions
As a landlord, evicting noncompliant tenants is a tough part of the job. Not only can tenants be difficult to remove, but legal red tape can sometimes complicate the process. That’s why it’s important to be familiar with your state’s eviction laws and required notices before embarking on the process.
In Oklahoma, there are three different notices that landlords might provide their tenants before filing to evict them.
If the tenant has unpaid rent, the landlord can post a rent demand notice and allow the tenant five days to pay the owed amount or leave the unit.
In the case that your renter violates a term in your lease agreement, the tenant has 10 days to remedy their violation after you post a notice of lease violation. If they do not remedy the issue within the allotted time frame, their rental agreement will terminate five days after.
If a tenant threatens imminent and irremediable harm to the property or to other people, you may file for eviction immediately after filing an unconditional notice to quit and waiting to see if the tenant promptly resolves their violation. According to Oklahoma eviction laws, you may remove the tenant in violation by forcible entry and detainer action.
Conclusion
Landlord-tenant laws in Oklahoma are in place to keep you and your tenants safe. Any good landlord studies state law closely and will ask questions of legal professionals or other experienced landlords in the area if they get confused.