Oklahoma Rental Lease Agreements
The Oklahoma Rental Lease Agreements encompass provisions with respect to the lease of a residential rental property that must be followed by a landlord and tenant. The provisions concern a multitude of matters that guide both parties’ conduct, such as the rent amount, the payment of utilities and services, and the parties’ obligations to one another.
Rent in Oklahoma state is below the national average, making it a relatively cost-effective state to reside in as a tenant. As such, landlords may find that they have an ample number of applicants when they choose to rent their property.
Types of Agreements
Commercial Lease Agreement – All matters pertaining to the lease of a commercial property should be listed in this contract.
Dorm/Apartment Roommate Agreement – This agreement should be collaboratively created so that college roommates may form amicable relations with one another.
Lease to Own Agreement – A legal document that outlines necessary provisions regarding cases whereby a landlord grants a tenant permission to eventually own the rental property.
Month-to-Month Lease Agreement – This agreement should be used to record leases wherein a tenant will rent a property for one month at a time.
Roommate Agreement – A document that encourages roommates to compromise on a set of rules they should keep to in their shared household.
Standard Residential Lease Agreement – Each state has its own stipulations about residential property leases, so landlords and tenants based in Oklahoma should ensure they use this particular one.
Sublease Agreement – If a tenant cannot complete the terms of their lease for whatever reason, they may find that a sublease, outlined by this agreement, is an ideal option to consider.
What is an Oklahoma Lease Agreement?
An Oklahoma Lease Agreement is a legal document charged with the purpose of establishing both parties’ rights and obligations regarding the rental of a property. If landlords are worried about unwittingly entering into this legal relationship with an undesirable tenant, they should require prospective tenants to complete a rental application.
State Definition (§ 41-102(12)) – “means all agreements and valid rules and regulations adopted under Section 126 of this title, which establish, embody or modify the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
When is Rent Due?
As stipulated by §41-109, rent is due at the time and place agreed to by the parties. Unless otherwise agreed, one (1) month’s rent must be paid at the beginning of each month for longer terms. For terms of one (1) month or less, the rent must be paid at the dwelling unit at the beginning of the term. There is no grace period offered by state law.
Emergency (§ 41-128(B)): In emergency cases, the landlord has the right to enter the rental dwelling without giving prior notice to the tenant.
Non-Emergency (§ 41- 128(A) & (C)): The landlord may only enter at reasonable times and must provide the tenant at least one (1) day’s notice of their intent to enter. Non-emergency reasons for entry cover such matters as making necessary or agreed repairs, decorations, alterations, or improvements, and inspecting the premises.
- Flooding Disclosure (§ 41-113a): If a landlord knows that the rental dwelling has been flooded within the past five (5) years, they must include such information prominently and in writing as part of any written rental agreements.
- Lead Paint Disclosure: If a landlord knows of any lead paint hazards in their rental dwelling built before 1978, they must inform the tenant of them. Moreover, they are required to provide a government-issued pamphlet regarding the matter.
- Prior Methamphetamine Production Disclosure (§ 41-118(C)): If a landlord knows that the rental dwelling, or any part of the premises, was used in the manufacture of methamphetamine, they must disclose this information to a prospective tenant prior to the commencement of a rental agreement. That is, unless a contamination assessment has determined that the level of contamination does not exceed one-tenth of one microgram (0.1 mcg) per one hundred square centimeters (100 cm²) of surface materials within the dwelling unit or pertinent part of the premises. In such cases, disclosure is not mandatory.
- Names and Addresses (§ 41-116(A)): The landlord is required to disclose to the tenant in writing, at or before the commencement of the tenancy, the names and addresses of anyone authorized to manage the premises, the owner/s of the premises, or the person authorized to act for and on their behalf.
Security Deposit Laws
Maximum: State law does not dictate a maximum amount a landlord may charge a tenant for a security deposit.
Returning to Tenant (§ 41-115(B)): The tenant must make a written demand for the return of the security deposit within six (6) months after termination of the tenancy. If they do not, the deposit will revert to the landlord in consideration of the costs and burden of maintaining the escrow account the security deposit is being kept in.
If the landlord plans to retain any portion of the security deposit, they must itemize any damages in a written statement delivered by mail, and additionally return the balance of the security deposit without interest to the tenant within thirty (30) days after the termination of tenancy, delivery of possession, and the written demand by the tenant.