Under Oklahoma law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Oklahoma Statutes Title 41, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Oklahoma, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Oklahoma’s habitability requirements:
| Item | Has to Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Usually Heating | Only If Provided |
| Hot Water | Usually | Usually |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. However, unlike in most states, an Oklahoma landlord is legally allowed to retaliate against a tenant who reports unsafe housing. Read more
Landlords must perform necessary repairs in a timely manner. In Oklahoma, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Oklahoma tenants can sue for a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Unlike many states, they generally can’t sue just for monetary damages unless the landlord has deliberately or negligently cut off an essential service like basic utilities. Read more
These are the most common reasons in Oklahoma that a landlord may evict a tenant:
Many Oklahoma properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. This protection applies even after the Act’s other provisions have expired. [1]
Unlike most states, Oklahoma landlords generally CAN retaliate against tenants who take actions like reporting health and safety violations to the relevant government authorities. Landlords are free to take most legal measures against tenants, such as raising the rent or evicting, even if there’s proof they are doing so with a retaliatory motive.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants in Oklahoma who pay on a periodic basis must give the following notice before terminating the lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No notice required |
Early Termination: Oklahoma tenants may legally break a lease for the following reasons:
If an Oklahoma tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Oklahoma does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Oklahoma does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Oklahoma state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on a tenant’s race, color, national origin, religion, sex, familial status, or disability. This rule does not apply to some owner-occupied homes or homes operated by religious organizations.
Oklahoma offers extra protections for one class that is not covered in the Federal Fair Housing Act. Oklahoma tenants cannot discriminate based on age. “Age” applies only to individuals who are 18 or older.
Discriminatory Acts and Penalties: Discrimination legislation in Oklahoma is enforced by the state’s Human Rights Commission. The following actions and behaviors might be interpreted as discriminatory when directed at a member of a protected class:
The Oklahoma Human Rights Commission does not have a standardized procedure for reporting housing discrimination. Tenants can file a complaint to the Federal Department of Housing and Urban Development.
In addition to having laws that address general issues like repairs and security deposits, most states, including Oklahoma, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Oklahoma landlords have the right to enter rental property for maintenance, inspections, and property showings. They generally must provide at least one day of advance notice before any entry, except when there’s an emergency.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Oklahoma Small Claims Court is a division of District Court. The process takes approximately one to two months.
Oklahoma landlords must provide the following mandatory disclosures:
Oklahoma tenants have no regulations preventing them from changing their locks at will, as long as the rental agreement doesn’t say otherwise and they provide copies of any new keys to the landlord. By contrast, landlords are not allowed to unilaterally change the locks on a tenant, as this constitutes a form of illegal “self help” eviction.
Many cities in Oklahoma have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see also the resources below for general information.
CARES Act Section 4024(b) prohibits landlords of certain rental ‘covered dwellings’ from initiating eviction proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the nonpayment of rent. These protections extend for 120 days from enactment (March 27, 2020). Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. (Quoting Congressional Research Service, CARES Act Eviction Moratorium, CRS Insight at 1 (April 7, 2020), https://crsreports.congress.gov/product/pdf/IN/IN1132)
Can a Landlord Enter Without Permission in Oklahoma? Oklahoma landlords don't need permission to enter in emergencies. In other situations, they need permission to enter even when they have a lawful reason to access the rental property. Read more » Is Oklahoma a “Landlord Friendly” State? Oklahoma is a landlord-friendly state. Landlords have broad power to raise rental prices and evict tenants, and there are no strict regulations about the maintenance and redistribution of security deposits. In addition, unlike most states, Oklahoma landlords are legally allowed to retaliate against tenants who report violations of laws related to residential health and safety. Read more » What Are a Tenant’s Rights in Oklahoma? Oklahoma tenants have a right to a habitable dwelling, and the right to have repairs performed within 14 days after proper notice. They also have the right to cancel the rental agreement if repairs aren't made in a timely manner. Read more » Can a Tenant Change the Locks in Oklahoma? Oklahoma tenants are allowed to change their locks, if the lease doesn't say otherwise and they give landlords copies of any new keys to preserve the landlord's right of access. Read more »
