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Oklahoma Residential Lease Agreement

Oklahoma sets no security deposit cap, but funds must sit in an Oklahoma escrow account and be returned within 45 days. Create a free lease template now.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent amount, the length of the tenancy, the security deposit, each side's responsibilities, and how the lease ends. In Oklahoma, the Oklahoma Residential Landlord and Tenant Act (Okla. Stat. tit. 41, Sections 101-136) governs most residential rentals statewide. Oklahoma sets no statutory cap on the security deposit, but the landlord must hold it in an escrow account with a federally insured Oklahoma financial institution (Section 115(A)) and return the balance, without interest, within 45 days after the tenancy ends, the tenant delivers possession, and the tenant makes a written demand (Section 115(B)); deductions must be itemized in writing. The lease should also carry Oklahoma's required disclosures: the owner or manager's name and address (Section 116), any known flooding within the past 5 years (Section 113a), and the federal lead-based paint disclosure for pre-1978 housing. A landlord must give at least one day's notice before entering, except in an emergency (Section 128), and either side ends a month-to-month tenancy with at least 30 days' written notice. Oklahoma has no rent control. Attorney review of the finished lease is available as an option.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the rent, the term, the security deposit, and each side's responsibilities for a rental home, and it explains how the tenancy ends.

  2. 2

    Oklahoma sets no statutory cap on the security deposit, but the landlord must keep it in an escrow account with a federally insured financial institution located in Oklahoma (Okla. Stat. tit. 41, Section 115(A)).

  3. 3

    The landlord must return the deposit balance, without interest, within 45 days after the tenancy ends, the tenant delivers possession, and the tenant makes a written demand; deductions must be itemized in writing (Section 115(B)).

  4. 4

    Oklahoma leases must disclose the owner or manager's name and address at or before the tenancy begins (Section 116), any known flooding in the past 5 years (Section 113a), and the federal lead-based paint disclosure for housing built before 1978.

  5. 5

    Except in an emergency, a landlord must give at least one day's notice before entering and may enter only at reasonable times (Section 128).

  6. 6

    The Oklahoma Residential Landlord and Tenant Act sets no statutory cap on late fees and no grace period for rent, so the lease itself should spell out any late charge and when it applies.

  7. 7

    Either party ends a month-to-month tenancy with at least 30 days' written notice, and the same 30-day notice governs a rent increase; Oklahoma has no rent control, and cities are barred from enacting it (Title 11, Section 14-101.1).

Key decisions before you file

Before you file a Residential Lease Agreement in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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OKLAHOMA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement (Lease) is made on [DATE] between [LANDLORD NAME], the landlord (also called the lessor), and [TENANT NAME], the tenant (also called the lessee), for the rental property located at [PROPERTY ADDRESS], Oklahoma (the Premises).

  2. TERM The Lease begins on [START DATE] and [ends on [END DATE] as a fixed term, or continues month-to-month; choose one]. A month-to-month tenancy renews automatically each month until ended under Section 8 below.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month to [LANDLORD NAME/ADDRESS]. The Oklahoma Residential Landlord and Tenant Act sets no statutory grace period and no cap on late fees for residential rent, so any late charge and its timing must be stated here: $[AMOUNT] if rent is not paid by [DATE].

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Oklahoma sets no statutory cap on this amount, but Landlord must hold it in an escrow account with a federally insured financial institution in Oklahoma (Okla. Stat. tit. 41, Section 115(A)). Within 45 days after the tenancy ends, Tenant delivers possession, and Tenant makes a written demand, Landlord shall return the deposit balance, without interest, along with a written itemization of any deductions (Section 115(B)). If Tenant makes no written demand within 6 months after the tenancy ends, the deposit belongs to Landlord.

  5. DISCLOSURES Landlord discloses: (a) the name and address of the person authorized to manage the Premises and accept legal notices, as Okla. Stat. tit. 41, Section 116 requires; (b) [if applicable] that the Premises flooded within the past 5 years, as Section 113a requires when known to Landlord; and (c) for housing built before 1978, the federal Lead-Based Paint disclosure and pamphlet (42 U.S.C. Section 4852d).

  6. ENTRY Except in an emergency or when advance notice is impracticable, Landlord shall give Tenant at least one day's notice before entering the Premises and may enter only at reasonable times (Section 128). Landlord shall not abuse the right of entry or use it to harass Tenant.

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and use it only as a residence. Landlord shall maintain the Premises in a fit and habitable condition and keep common areas and essential services in good repair, consistent with the Act's landlord duties.

  8. TERMINATION Either party may end a month-to-month tenancy by giving the other at least 30 days' written notice before the termination date; the same 30-day notice governs any rent increase, since Oklahoma has no separate rent-increase statute. A tenancy of less than one month may be ended with at least 7 days' written notice.

This Lease may not waive Tenant's rights under the Act, require Tenant to pay Landlord's attorney fees, or exculpate Landlord from liability; such provisions are unenforceable under Section 113.

SIGNATURES _____________________________ Date: [DATE] [LANDLORD NAME], Landlord

_____________________________ Date: [DATE] [TENANT NAME], Tenant

Note: This is a compact Oklahoma skeleton governed by the Oklahoma Residential Landlord and Tenant Act (Okla. Stat. tit. 41, Sections 101-136). For the complete, customizable template, see the full Residential Lease Agreement template.

Oklahoma Requirements for Residential Lease Agreement

Hold the Deposit in an Oklahoma Escrow Account

Oklahoma sets no statutory cap on the security deposit amount, but the landlord must keep any deposit in an escrow account maintained in Oklahoma with a federally insured financial institution, as Okla. Stat. tit. 41, Section 115(A) requires.

Return the Deposit Within 45 Days With Written Itemization

The landlord must return the deposit balance, without interest, within 45 days after the tenancy ends, the tenant delivers possession, and the tenant makes a written demand. Any deductions must be itemized in a written statement (Okla. Stat. tit. 41, Section 115(B)). If the tenant makes no written demand within 6 months, the deposit reverts to the landlord.

Disclose the Owner or Manager's Name and Address

The landlord must disclose in writing, at or before the tenancy begins, the name and address of the person authorized to manage the premises and the person authorized to accept legal notices on the owner's behalf, as Okla. Stat. tit. 41, Section 116 requires.

Disclose Known Flooding in the Past 5 Years

If the premises flooded within the past 5 years and the landlord knows about it, the landlord must include that information prominently and in writing in the rental agreement, as Okla. Stat. tit. 41, Section 113a requires.

Give the Federal Lead-Based Paint Disclosure

For housing built before 1978, the landlord must give the tenant the federal lead-based paint disclosure and an EPA-approved information pamphlet before the lease is signed, under 42 U.S.C. Section 4852d.

Give At Least One Day's Notice Before Entering

Except in an emergency or when advance notice is impracticable, the landlord must give the tenant at least one day's notice before entering and may enter only at reasonable times. A landlord who abuses this right of access can be held liable (Okla. Stat. tit. 41, Section 128).

Give 30 Days' Notice to End or Change a Month-to-Month Tenancy

Either the landlord or tenant may end a month-to-month or at-will tenancy with at least 30 days' written notice, and the same 30-day notice governs a rent increase, since Oklahoma has no separate rent-increase statute (Okla. Stat. tit. 41, Section 111). A tenancy of less than one month may be ended with at least 7 days' notice.

No Local Rent Control and No Waiver of Tenant Rights

Oklahoma law bars any city from enacting rent control on privately owned residential property (Title 11, Section 14-101.1). A lease also may not waive the tenant's rights under the Act, require the tenant to pay the landlord's attorney fees, or exculpate the landlord from liability; such provisions are unenforceable (Okla. Stat. tit. 41, Section 113).

Frequently Asked Questions

An Oklahoma residential lease agreement should name the landlord and tenant, describe the rental property, state the rent amount and due date, set the security deposit terms, and identify who is authorized to accept notices for the owner, as Okla. Stat. tit. 41, Section 116 requires. It should also cover the lease term, the entry-notice rule, and how either side ends the tenancy.

Oklahoma sets no statutory cap on a security deposit, so a landlord can request whatever amount the lease specifies. The landlord must hold it in an escrow account with a federally insured Oklahoma institution (Section 115(A)) and return the balance, without interest, within 45 days after the tenancy ends, possession is delivered, and the tenant makes a written demand.

Yes. A free Oklahoma lease agreement template is available to fill in, built around the Oklahoma Residential Landlord and Tenant Act. Attorney review is available afterward as an option, not a requirement, before you or your tenant signs.

No. Oklahoma law does not require a residential lease to be signed before a notary or witnesses to be valid. The landlord and tenant simply sign the written agreement themselves; notarization is not part of the Oklahoma Residential Landlord and Tenant Act's signing rules.

Generally no. Except in an emergency or when advance notice is impracticable, Oklahoma law requires the landlord to give the tenant at least one day's notice before entering and to enter only at reasonable times; a landlord who abuses the right of access can be held liable (Okla. Stat. tit. 41, Section 128).

An Oklahoma landlord must disclose the name and address of the person authorized to manage the property or accept notices (Section 116), any flooding of the premises within the past 5 years that the landlord knows about (Section 113a), and, for housing built before 1978, the federal lead-based paint disclosure and pamphlet.

A month-to-month tenancy in Oklahoma continues until either the landlord or tenant gives the other at least 30 days' written notice to end it. The same 30-day notice governs a rent increase on a month-to-month lease, since Oklahoma has no separate rent-increase-notice statute.

The Oklahoma Residential Landlord and Tenant Act does not cap late fees and does not require a grace period for rent, so the late-fee terms stated in the signed lease will govern. Oklahoma law leaves the amount and timing of any late charge to the agreement itself.