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Oklahoma

An Oklahoma residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms and conditions for renting a property. This agreement typically includes the duration of the lease, rental payment details, and the responsibilities of both parties.

Required Disclosures

Oklahoma law mandates several disclosures that must be included in residential lease agreements:

  1. Landlord’s Name and Address: The lease must include the name and address of the landlord or authorized agent to facilitate communication regarding legal notices.

  2. Flooding Disclosure: If the property has experienced flooding in the past five years, this must be disclosed to the tenant.

  3. Lead-Based Paint Disclosure: For properties built before 1978, landlords must inform tenants about the potential presence of lead-based paint and provide an EPA-approved pamphlet on its dangers.

  4. Methamphetamine Contamination Disclosure: Landlords must disclose any knowledge of potential methamphetamine contamination. This requirement remains until an assessment certifies that contamination levels are below safe limits.

Optional Disclosures and Addenda

While not required by law, the following disclosures and addenda are recommended to assist with tenant management and limit landlord liability:

  • Asbestos: Information about any asbestos hazards.
  • Bed Bugs: History of bed bug infestations.
  • Late/Returned Check Fees: Specification of fees related to late or returned checks.
  • Medical Marijuana Use: Policies regarding medical marijuana on the property.
  • Mold Disclosure: Information about mold contamination.
  • Move-In Checklist: Inventory of existing property damage.
  • Non-Refundable Fees: Disclosure of any non-refundable fees.
  • Shared Utilities Arrangements: Details on billing for shared utilities.
  • Smoking: Designation of smoking areas.

Security Deposit Laws

  • Maximum Amount: There is no limit on the amount a landlord may charge for a security deposit.
  • Returning: Security deposits must be returned to tenants within 45 days after the end of the tenancy.
  • Withholding Rules: Landlords can withhold security deposits for unpaid rent or damages, provided they itemize deductions in a written statement.

Rent Payment Laws

  • Grace Period: There is no mandated grace period for rent payments.
  • Maximum Late Fee: There is no limit on late fees; however, fees must be reasonable.
  • NSF Fee: Landlords may charge up to $25 for returned checks.

Landlord Rights and Responsibilities

  • Right of Entry: Landlords must provide tenants with at least one day's notice before entering the premises, except in emergencies.
  • Property Repairs: Landlords are responsible for maintaining habitable conditions and addressing repair requests promptly.

Termination of Lease

  • Month-to-Month Tenancy: Can be terminated by providing a 30-day notice.
  • Unclaimed Property: Landlords must store any valuable personal property left behind for 30 days before considering it abandoned.

FAQs

In Oklahoma, landlords must provide several required disclosures in residential lease agreements, including the landlord’s name and address, a flood disclosure if the property has flooded in the past five years, and a lead-based paint disclosure for properties built before 1978. Additionally, if the landlord is aware of any methamphetamine contamination, that must also be disclosed.

In Oklahoma, landlords are required to return security deposits to tenants within 45 days after the end of the tenancy. They must also provide an itemized statement of any deductions made from the deposit.

No, Oklahoma law does not impose a maximum limit on the amount a landlord can charge for a security deposit. However, landlords must return the deposit within the specified timeframe after the tenancy ends.

Yes, lease agreements in Oklahoma can automatically renew. Typically, once the initial term ends, the lease may convert to a month-to-month agreement unless otherwise specified in the lease.

If a landlord fails to include mandatory disclosures in an Oklahoma lease agreement, they may face legal consequences, including potential fines and liability for damages. This is particularly critical for disclosures related to lead-based paint and methamphetamine contamination.

No, lease agreements in Oklahoma do not need to be notarized to be valid. However, having a notary can help establish the identity of the parties involved in case of disputes.

In Oklahoma, landlords must provide tenants with at least 24 hours’ notice before entering the rental property for non-emergency reasons. In emergencies, landlords can enter without prior notice.

Common types of lease agreements in Oklahoma include standard residential leases, month-to-month rental agreements, rent-to-own agreements, and commercial leases. Each type serves different rental situations and has specific terms.