Sample Oklahoma Rental Lease Agreement
Oklahoma Rental Lease Agreement
Rather than leave you speculating, we have laid out the details of the landlord-tenant laws that apply to the residential rental units in the state of Oklahoma. Reading these laws that spell out your rights and obligations will save you from a lot of trouble later.
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The Official Rules and Regulations
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Residential Landlord and Tenant Act - Okla. Stat. Ann. Tit. 41, § 101 to 136
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Oklahoma Non-Residential/Residential Landlord and Tenant Acts
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Security Deposit
No statute spells out the statutory security deposit maximum and interest is not required to be paid on the security deposit.
Setting up of separate security deposit bank accounts is essential. The landlords need to keep the security deposit in an escrow account maintained by the State of Oklahoma, an account with a federally insured institution.
No statutes lay down the rules pertaining pet deposits and non-refundable fees.
The deadline for returning the security deposit is 30 days from the move-out date or the date of termination of the lease.
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But, the security deposit could be put into the following uses:
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Payment of outstanding rent
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And payment for damages caused by the tenant’s noncompliance with the rental agreement or the statutes.
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An itemized list of damages and charges, along with a written description is required. The list needs to be delivered to the tenant in person or by mail but with a return receipt requested.
No statutes lay down the need for record keeping of deposit withholdings or the receipt of deposits.
Noncompliance: if the landlord uses the security deposit inappropriately, they could face a jail term of up to 6 months, or they could pay a fine twice the amount misappropriated from the security deposit escrow account.
Lease, Fees, and Rent
In the state of Oklahoma, the rent is due as agreed in the lease. The state has o statutes for rent increase notices through the details should be stipulated in the rental lease agreement.
Also, it has no statutes for the rent grace period, prepaid rent, or the late fees though the latter could be allowed under case law.
The state has no statute on returned check fees although fines and criminal penalties exist if you are guilty of check fraud.
The tenant can withhold rent if the landlord fails to provide essential services like water and heat but, only after giving the landlord a given notice of the breach of the statutory landlord duties then the tenant could procure the essential services and then deduct a reasonable cost from the rent.
The tenant can repair and deduct rent for repairs not exceeding $100 if the need for repair arises from conditions that affect health. However, the tenant should notify the landlord of the intended repair works, in writing, 14 days before taking the action
The landlord recovers the attorney fees
The landlord should make a reasonable attempt to mitigate any damages to the lessee, including an attempt to re-rent.
There is no statute for abandonment or early termination fees.
Notices and Entry
No notice of lease termination is required in fixed-end-date leases as they expire naturally
For monthly and weekly leases, 30 and 7-day written notices should be issued before termination of tenancies.
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A landlord can terminate a tenancy with immediate effect if the tenant:
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Contravenes the statutory duties
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Causes or threatens to cause irreparable or imminent harm to the premises or its dwellers
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Engages in drug-related criminal activity and if the activity threatens the safety, health and the peace of the premises.
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No statute lays out the rules for what happens in case of date and time of move-out inspection.
The notice of termination for nonpayment could be immediate if the tenant fails to pay the outstanding rent within 5 days after the landlord issues a written notice.
The notice of lease termination for lease violations is a 15-day written notice, but the tenant has 10 days to remedy and to avoid termination.
A one-day notice is required before entry
Notice is required before entry for non-emergency repairs and maintenance works. The reasonable time for the notice is 24 hours.
Entry is allowed, with notice, for showings.
In the event of emergencies, entry without notice is not necessary
Entry during a tenant’s extended absence is only allowed if the tenant abandons or surrenders the premises.
No statutes lay the rules for pesticide-use notifications
No lockouts or utility shut-offs are allowed.
Disclosures and Miscellaneous Notes
In the state of Oklahoma, the rental lease agreement has a section for name and addresses, a copy of leases, domestic violence situations, landlord and tenant’ duties, Lead disclosures and retaliation. It also covers the tenant options in the event of a fire, disclosure of prior methamphetamine manufacture, the disclosure of flooding in the past 5 years, and denial or termination of tenancy to a blind person because of a guide dog.
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Court Related Matters
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The Oklahoma Small Claims Court has set its limits at $7500, and eviction cases are allowed
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The statute of limitations gives 5 and 3 years’ limit to written and oral contracts.
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You can access legal help from the Oklahoma Court System, the bar association, legal aid, or the court system.
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Business License
It has no state-wide statutes, but local cities and counties could have requirements and regulations.
Having understood your rights and obligations, you could get our free online Oklahoma rental lease agreement form online today.
Sample
OK Rental Lease Agreement
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