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
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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
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
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
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
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).
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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
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.
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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).