Landlord and Tenant Act
This act shall be known and may be cited as the "Oklahoma
Residential Landlord and Tenant Act".
Residential Landlord and Tenant Act Definitions.
Unless the context otherwise requires:
1. "Building and housing codes" include any law,
ordinance or governmental regulation concerning fitness for
habitation or the construction, maintenance, operation, occupancy,
use or appearance of any premises or dwelling unit;
2. "Deposit" includes any money or other property
required by a landlord from a tenant as a security and which is to
be returned to the tenant upon termination of the rental agreement,
less any deductions properly made and allowed by this act;
3. "Dwelling unit" means a structure, or that part
of a structure, which is used as a home, residence or sleeping place
by one or more persons;
4. "Good faith" means honesty in fact in the
conduct of the transaction concerned;
5. "Landlord" means the owner, lessor or sublessor
of the dwelling unit or the building of which it is a part, and it
also means a manager of the premises who fails to comply with the
disclosure provisions of Section 16 of this act;
6. "Occupant" means any person who abides within a
dwelling unit, but who is not a tenant or an unemancipated minor
child of a tenant, and who is not legally obligated by the terms of
a rental agreement;
7. "Organization" includes a corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership or association, two or more persons
having a joint or common interest and any other legal or commercial
8. "Owner" means one or more persons, jointly or
severally, in whom is vested:
a. all or any part of the legal title to the property, or
b. all or part of the beneficial ownership and a right to
present use and enjoyment of the property, and such term includes a
mortgagee in possession;
9. "Person" includes an individual or organization;
10. "Premises" means a dwelling unit and the
structure of which it is a part, the facilities and appurtenances
therein, and the grounds, areas and facilities held out for the use
of the tenant generally or the use of which is promised to the
11. "Rent" means all payments, except deposits and
damages, to be made to the landlord under the rental agreement;
12. "Rental agreement" means all agreements and
valid rules and regulations adopted under Section 26 of this act,
which establish, embody or modify the terms and conditions
concerning the use and occupancy of a dwelling unit and premises;
13. "Roomer" or "boarder" is a tenant
occupying a dwelling unit:
a. which lacks at least one major bathroom or kitchen
facility, such as a toilet, refrigerator or stove,
b. in a building
(1) where one or more of such major facilities are supplied
to be used in common by the occupants of the roomer or boarder's
dwelling unit and one or more other dwelling units, and
(2) in which the landlord resides;
14. "Single-family residence" means a structure
used and maintained as a single dwelling unit. A dwelling unit,
including those with common walls, shall be deemed a single-family
residence if it has direct access to a street or thoroughfare and
shares neither heating facilities, hot water equipment, nor any
other essential facility or service with any other dwelling unit;
15. "Tenant" means any person entitled under a
rental agreement to occupy a dwelling unit.
Application of Act.
A. Except as otherwise provided in this act, this act applies
to, regulates and determines rights, obligations and remedies under
a rental agreement, wherever made, for a dwelling unit located
within this state.
B. Any agreement, whether written or oral, shall be
unenforceable insofar as said agreement, or any provision thereof,
conflicts with any provision of this act.
Arrangements Not Covered by Act.
Unless created to avoid the application of this act, the
following arrangements are not governed by this act:
1. Residence at an institution, public or private, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service;
2. Occupancy under a contract of sale or contract for deed of
a dwelling unit or of the property of which it is a part, if the
occupant is the purchaser or a person who succeeds to his interest;
3. Occupancy by a member of a fraternal or social
organization in a structure operated for the benefit of the
4. Transient occupancy in a hotel, motel or other similar
5. Occupancy by an owner of a condominium unit or a holder of
a proprietary lease in a cooperative; and
6. Occupancy under a rental agreement covering premises used
by the occupant primarily for agricultural purposes.
Mitigation of Damages - Rights, Obligations and Remedies -
A. An aggrieved party under the provisions of this act has a
duty to mitigate damages.
B. Any right, obligation or remedy declared by this act is
enforceable in any court of appropriate jurisdiction including small
claims court and may be prosecuted as part of an action for forcible
entry or detainer unless the provision declaring it specifies a
different and limited effect. In any action for breach of a rental
agreement or to enforce any right or obligation provided for in this
act, the prevailing party shall be entitled to reasonable attorneys'
Settlement of Claim.
A claim or right arising under this act or a rental agreement,
if disputed in good faith, may be settled by agreement and requires
no further consideration.
Good Faith Performance or Enforcement.
Every duty under this act and every act which must be performed
as a condition precedent to the exercise of a right or remedy under
this act imposes an obligation of good faith in its performance or
Beneficial Owner to Maintain Premises.
Any agreement, assignment, conveyance, trust deed or security
instrument which authorizes a person other than the beneficial owner
to act as landlord of a dwelling unit shall not relieve the
beneficial owner of the duty to conform with this act and any other
law, code, ordinance or regulation concerning the maintenance and
operation of the premises.
A. In the absence of agreement, the occupants of a dwelling unit
shall pay to the landlord as rent the fair rental value for the use
and occupancy of the dwelling unit.
B. Rent shall be payable at the time and place agreed to by
the parties. Unless otherwise agreed, the entire rent shall be
payable at the dwelling unit at the beginning of any term of one (1)
month or less, while one (1) month's rent shall be payable at the
beginning of each month of a longer term.
Term of Tenancy.
Unless the rental agreement fixes a definite term in writing,
the tenancy is week-to-week in the case of a roomer or boarder who
pays weekly rent, and in all other cases month-to-month.
Termination of Tenancy.
A. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is month-to-month or
tenancy at will, the landlord or tenant may terminate the tenancy
provided the landlord or tenant gives a written notice to the other
at least thirty (30) days before the date upon which the termination
is to become effective. The thirty-day period to terminate shall
begin to run from the date notice to terminate is served as provided
in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is less than
month-to-month, the landlord or tenant may terminate the tenancy
provided the landlord or tenant gives to the other a written notice
served as provided in subsection E of this section at least seven
(7) days before the date upon which the termination is to become
C. Unless earlier terminated under the provisions of the
Oklahoma Residential Landlord and Tenant Act or unless otherwise
agreed upon, a tenancy for a definite term expires on the ending
date thereof without notice.
D. If the tenant remains in possession without the landlord's
consent after the expiration of the term of the rental agreement or
its termination under the Oklahoma Residential Landlord and Tenant
Act, the landlord may immediately bring an action for possession and
damages. If the tenant's holdover is willful and not in good faith
the landlord may also recover an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that said tenant remains in
possession. If the landlord consents to the tenant's continued
occupancy, a month-to-month tenancy is thus created, unless the
parties otherwise agree.
E. The written notice, required by the Oklahoma Residential
Landlord and Tenant Act, to terminate any tenancy shall be served on
the tenant or landlord personally unless otherwise specified by law.
If the tenant cannot be located, service shall be made by delivering
the notice to any family member of such tenant over the age of
twelve (12) years residing with the tenant. If service cannot be
made on the tenant personally or on such family member, notice shall
be posted at a conspicuous place on the dwelling unit of the tenant.
If the notice is posted, a copy of such notice shall be mailed to
the tenant by certified mail. If service cannot be made on the
landlord personally, the notice shall be mailed to the landlord by
certified mail. For the purpose of this subsection, the word
"landlord" shall mean any person authorized to receive
service of process and notice pursuant to Section 116 of this title.
Duties of Parties upon Termination of Tenancy.
Except as otherwise provided in this act, whenever either party
to a rental agreement rightfully elects to terminate, the duties of
each party under the rental agreement shall cease and be determined
upon the effective date of said termination, and the parties shall
thereupon discharge any remaining obligations under this act as soon
A. A rental agreement may not provide that either party thereto:
1. Agrees to waive or forego rights or remedies under this
2. Authorizes any person to confess judgment on a claim
arising out of the rental agreement;
3. Agrees to pay the other party's attorney's fees;
4. Agrees to the exculpation, limitation or indemnification
of any liability arising under law for damages or injuries to
persons or property caused by or resulting from the acts or
omissions of either party, their agents, servants or employees in
the operation or maintenance of the dwelling unit or the premises of
which it is a part; or
5. Agrees to the establishment of a lien except as allowed by
this act in and to the property of the other party.
B. A provision prohibited by subsection A of this section and
included in a rental agreement is unenforceable.
Denial or Termination of Tenancy to Blind Person Because
of Guide Dog.
A landlord shall not deny or terminate a tenancy to a blind,
deaf, or physically handicapped person because of the guide, signal,
or service dog of such person unless such dogs are specifically
prohibited in the rental agreement entered into prior to November 1,
Flooding within Past 5 Years to be Disclosed in Written
Rental Agreements - Failure to Disclose - Terms Defined.
A. If the premises to be rented has been flooded within the past
five (5) years and such fact is known to the landlord, the landlord
shall include such information prominently and in writing as part of
any written rental agreements. Failure to provide such information
shall entitle any tenant who is a party to the rental agreement to
sue the landlord of the premises in a court of appropriate
jurisdiction and to recover the personal property damages sustained
by the tenant from flooding of the premises.
B. For the purpose of this section, "flooded and
flooding" shall mean general and temporary conditions of
partial or complete inundation of normally dry land areas and
structures upon said areas from the overflow of lakes, ponds,
streams, rivers, creeks and any other inland waters.
Alienees - Rights, Obligations and Remedies.
Alienees of landlords and tenants shall have the same legal
rights, obligations and remedies as their principals.
Damage or Security Deposits.
A. Any damage or security deposit required by a landlord of a
tenant must be kept in an escrow account for the tenant, which
account shall be maintained in the State of Oklahoma with a
federally insured financial institution. Misappropriation of the
security deposit shall be unlawful and punishable by a term in a
county jail not to exceed six (6) months and by a fine in an amount
not to exceed twice the amount misappropriated from the escrow
B. Upon termination of the tenancy, any security deposit held
by the landlord may be applied to the payment of accrued rent and
the amount of damages which the landlord has suffered by reason of
the tenant's noncompliance with this act and the rental agreement,
all as itemized by the landlord in a written statement delivered by
mail to be by return receipt requested and to be signed for by any
person of statutory service age at such address or in person to the
tenant if he can reasonably be found. If the landlord proposes to
retain any portion of the security deposit for rent, damages or
other legally allowable charges under the provisions of this act or
the rental agreement, the landlord shall 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
written demand by the tenant. If the tenant does not make such
written demand of such deposit within six (6) months after
termination of the tenancy, the deposit reverts to the landlord in
consideration of the costs and burden of maintaining the escrow
account, and the interest of the tenant in that deposit terminates
at that time.
C. Upon cessation of a landlord's interest in the dwelling
unit including, but not limited to, termination of interest by sale,
assignment, death, bankruptcy, appointment of receiver or otherwise,
the person in possession of the tenants' damage or security deposits
at his option or pursuant to court order shall, within a reasonable
1. Transfer said deposits to the landlord's successor in
interest and notify the tenants in writing of such transfer and of
the transferee's name and address; or
2. Return the deposits to the tenants.
D. Upon receipt of the transferred deposits under paragraph 1
of subsection C of this section, the transferee, in relation to such
deposits, shall have all the rights and obligations of a landlord
holding such deposits under this act.
E. If a landlord or manager fails to comply with this section
or fails to return any prepaid rent required to be paid to a tenant
under this act, the tenant may recover the damage and security
deposit and prepaid rent, if any.
F. Except as otherwise provided by the rental agreement, a
tenant shall not apply or deduct any portion of the security deposit
from the last month's rent or use or apply such tenant's security
deposit at any time in lieu of payment of rent.
G. This section does not preclude the landlord or tenant from
recovering other damages to which he may be entitled under this act.
Person to Accept Service or Notice - Identity of Owner and
Manager - Failure to Comply with Section.
A. As a part of any rental agreement the lessor shall
prominently and in writing identify what person at what address is
entitled to accept service or notice under this act. The landlord or
any person authorized to enter into a rental agreement on his behalf
shall disclose to the tenant in writing at or before the
commencement of the tenancy the name and address of:
1. The person or persons authorized to manage the premises;
2. The owner or owners of the premises; or
3. The name and address of a person authorized to act for and
on behalf of the owner for the purpose of receipt of service of
process and receiving and receipting for notices.
The information required to be furnished by this section
shall be kept current and this section extends to and is enforceable
against any successor owner, landlord or manager.
B. A person who fails to comply with this section becomes a
landlord for the purposes of this act and an agent of each person
who is otherwise a landlord for:
1. Receipt of service of process and receiving and receipting
for notices and demands; and
2. Performing the obligations of a landlord under this act
and under the rental agreement and expending and making available
for the purpose all rents collected from the premises.
Commencement of Tenancy - Delivery of Possession -
A. At the commencement of the term a landlord shall deliver full
possession of the premises to the tenant in compliance with the
rental agreement and Section 118 of this title. Except as otherwise
provided in this act, the landlord may bring an action for
possession against any other person wrongfully in possession and may
recover his damages.
B. A rental agreement may provide reasonable limitations upon
use of a dwelling unit or premises by a tenant or occupant. A
landlord shall have the right to demand that an occupant vacate the
dwelling unit or the premises or both if such occupant breaches any
condition of the rental agreement which would be enforceable against
the tenant. If a landlord makes a written request to the tenant or
to the occupant for the occupant to depart from the dwelling unit or
the premises or both, the occupant shall comply. If the occupant
wrongfully fails to comply within a reasonable time, the occupant
shall, upon conviction, be deemed guilty of a trespass and may be
punished by a fine of not to exceed Five Hundred Dollars ($500.00)
or by confinement in the county jail for a period not to exceed
thirty (30) days or by both such fine and imprisonment.
C. An occupancy limitation of two (2) persons per bedroom
residing in a dwelling unit shall be presumed reasonable for this
state. The two-person limitation shall not apply to a child or
children born to the tenants during the course of the lease.
Duties of Landlord and Tenant.
A. A landlord shall at all times during the tenancy:
1. Except in the case of a single-family residence, keep all
common areas of his building, grounds, facilities and appurtenances
in a clean, safe and sanitary condition;
2. Make all repairs and do whatever is necessary to put and
keep the tenant's dwelling unit and premises in a fit and habitable
3. Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances, including
elevators, supplied or required to be supplied by him;
4. Except in the case of one- or two-family residences or
where provided by a governmental entity, provide and maintain
appropriate receptacles and conveniences for the removal of ashes,
garbage, rubbish and other waste incidental to the occupancy of the
dwelling unit and arrange for the frequent removal of such wastes;
5. Except in the case of a single-family residence or where
the service is supplied by direct and independently metered utility
connections to the dwelling unit, supply running water and
reasonable amounts of hot water at all times and reasonable heat.
B. The landlord and tenant of a dwelling unit may agree by a
conspicuous writing independent of the rental agreement that the
tenant is to perform specified repairs, maintenance tasks,
alterations or remodeling.
Conveyance of Property - Attornment of Tenant.
A. A conveyance of real estate, or of any interest therein, by a
landlord shall be valid without the attornment of the tenant, but
the payment of rent by the tenant to the grantor at any time before
written notice of the conveyance is given to the tenant shall be
good against the grantee.
B. The attornment of a tenant to a stranger shall be void,
and shall not affect the possession of the landlord unless it is
made with the consent of the landlord, or pursuant to a judgment at
law, or the order or decree of a court.
C. Unless otherwise agreed and except as otherwise provided
in this act, upon termination of the owner's interest in the
dwelling unit including, but not limited to, terminations of
interest by sale, assignment, death, bankruptcy, appointment of a
receiver or otherwise, the owner is relieved of all liability under
the rental agreement and of all obligations under this act as to
events occurring subsequent to written notice to the resident of the
termination of the owner's interest. The successor in interest to
the owner shall be liable for all obligations under the rental
agreement or under this act. Upon receipt by a resident of written
notice of the termination of the owner's interest in the dwelling
unit, a resident shall pay all future rental payments, when due, to
the successor in interest to the owner.
D. Unless otherwise agreed and except as otherwise provided
in this act, a manager of premises that includes a dwelling unit is
relieved of liability under a rental agreement and this act as to
events occurring after written notice to the tenant of the
termination of his management.
Failure of Landlord to Deliver Possession of Dwelling Unit
A. If the landlord fails to deliver possession of the dwelling
unit to the tenant, rent abates until possession is delivered and
the tenant may terminate the rental agreement by giving a written
notice of such termination to the landlord, whereupon the landlord
shall return all prepaid rent and deposit, or the tenant may, at his
option, demand performance of the rental agreement by the landlord
and maintain an action for possession of the dwelling unit against
any person wrongfully in possession and recover the actual damages
sustained by him.
B. If a person's failure to deliver possession is willful and
not in good faith, an aggrieved person may recover from that person
an amount not more than twice the monthly rental as specified in the
rental agreement, computed and prorated on a daily basis, for each
month, or portion thereof, that said person wrongfully remains in
Landlord's Breach of Rental Agreement - Deductions from
Rent for Repairs - Failure to Supply Heat, Water or Other Essential
Services - Habitability of Dwelling Unit.
A. Except as otherwise provided in this act, if there is a
material noncompliance by the landlord with the terms of the rental
agreement or a noncompliance with any of the provisions of Section
18 of this act which noncompliance materially affects health or
safety, the tenant may deliver to the landlord a written notice
specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than thirty
(30) days after receipt of the notice if the breach is not remedied
within fourteen (14) days, and thereafter the rental agreement shall
so terminate as provided in the notice unless the landlord
adequately remedies the breach within the time specified.
B. Except as otherwise provided in this act, if there is a
material noncompliance by the landlord with any of the terms of the
rental agreement or any of the provisions of Section 18 of this act
which noncompliance materially affects health and the breach is
remediable by repairs, the reasonable cost of which is less than One
Hundred Dollars ($100.00), the tenant may notify the landlord in
writing of his intention to correct the condition at the landlord's
expense after the expiration of fourteen (14) days. If the landlord
fails to comply within said fourteen (14) days, or as promptly as
conditions require in the case of an emergency, the tenant may
thereafter cause the work to be done in a workmanlike manner and,
after submitting to the landlord an itemized statement, deduct from
his rent the actual and reasonable cost or the fair and reasonable
value of the work, not exceeding the amount specified in this
subsection, in which event the rental agreement shall not terminate
by reason of that breach.
C. Except as otherwise provided in this act, if, contrary to
the rental agreement or Section 18 of this act, the landlord
willfully or negligently fails to supply heat, running water, hot
water, electric, gas or other essential service, the tenant may give
written notice to the landlord specifying the breach and thereafter
1. Upon written notice, immediately terminate the rental
2. Procure reasonable amounts of heat, hot water, running
water, electric, gas or other essential service during the period of
the landlord's noncompliance and deduct their actual and reasonable
cost from the rent; or
3. Recover damages based upon the diminution of the fair
rental value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing
during the period of the landlord's noncompliance, in which case the
tenant is excused from paying rent for the period of the landlord's
D. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agreement
or Section 18 of this act, which noncompliance renders the dwelling
unit uninhabitable or poses an imminent threat to the health and
safety of any occupant of the dwelling unit and which noncompliance
is not remedied as promptly as conditions require, the tenant may
immediately terminate the rental agreement upon written notice to
the landlord which notice specifies the noncompliance.
E. All rights of the tenant under this section do not arise
until he has given written notice to the landlord or if the
condition complained of was caused by the deliberate or negligent
act or omission of the tenant, a member of his family, his animal or
pet or other person or animal on the premises with his consent.
Damage to or Destruction of Dwelling Unit - Rights and
Duties of Tenant.
A. If the dwelling unit or premises are damaged or destroyed by
fire or other casualty to an extent that enjoyment of the dwelling
unit is substantially impaired, unless the impairment is caused by
the deliberate or negligent act or omission of the tenant, a member
of his family, his animal or pet or other person or animal on the
premises with his consent, the tenant may:
1. Immediately vacate the premises and notify the landlord in
writing within one (1) week thereafter of his intention to terminate
the rental agreement, in which case the rental agreement terminates
as of the date of vacating; or
2. If continued occupancy is possible, vacate any part of the
dwelling unit rendered unusable by the fire or casualty, in which
case the tenant's liability for rent is reduced in proportion to the
diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated under this section
the landlord shall return all deposits recoverable under Section 15
of this act and all prepaid and unearned rent. Accounting for rent
in the event of termination or apportionment shall be made as of the
date of the fire or other casualty.
Wrongful Removal or Exclusion from Dwelling Unit.
If a landlord wrongfully removes or excludes a tenant from
possession of a dwelling unit, the tenant may recover possession by
a proceeding brought in a court of competent jurisdiction, or
terminate the rental agreement after giving notice of such intention
to the landlord, and in either case recover an amount not more than
twice the average monthly rental, or twice his actual damages,
whichever is greater. If the rental agreement is terminated, the
landlord shall return all deposits recoverable
under Section 15 of this act and all prepaid and unearned rent.
Unlawful Entry or Lawful Entry in Unreasonable Manner -
Harassment of Tenant - Damages.
A. If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or harasses the tenant by making repeated
unreasonable demands for entry, the tenant may obtain injunctive
relief to prevent the recurrence of the conduct or, upon written
notice, terminate the rental agreement. In either case the tenant
may recover actual damages.
B. Neither injunctive relief nor damages shall be available
to a tenant if the basis for the landlord's action is the landlord's
execution of a writ in the manner prescribed by Section 1148.10A of
Title 12 of the Oklahoma Statutes.
Defective Condition of Premises - Report to Landlord.
Any defective condition of the premises which comes to the
tenant's attention, and which the tenant has reason to believe is
unknown to the landlord, shall be reported by the tenant to the
landlord as soon as practicable.
Tenant's Use and Occupancy of Premises - Rules and
A. A landlord, from time to time, may adopt a rule or
regulation, however described, concerning the tenant's use and
occupancy of the premises. Such a rule or regulation is enforceable
against the tenant only if:
1. Its purpose is to promote the convenience, peace, safety
or welfare of the tenants in the premises, preserve the landlord's
property from abusive use, or make a fair distribution of services
and facilities held out for the tenants generally; and
2. It is reasonably related to the purpose for which it is
3. It applies to all tenants in the premises in a fair
4. It is sufficiently explicit in its prohibition, direction
or limitation of the tenant's conduct to fairly inform the tenant
what such tenant must or must not do to comply; and
5. It is not for the purpose of evading the obligations of
the landlord; and
6. The tenant has notice of it at the time such tenant enters
into the rental agreement, or when it is adopted.
B. If a rule or regulation is adopted after the tenant enters
into the rental agreement and that rule or regulation works a
substantial modification of such tenant's bargain, the rule or
regulation so adopted is not valid and enforceable against the
tenant unless he consents to it in writing.
Duties of Tenant.
The tenant shall at all times during the tenancy:
1. Keep that part of the premises which such tenant occupies and
uses as safe, clean and sanitary as the condition of the premises
2. Dispose from such tenant's dwelling unit all ashes,
garbage, rubbish and other waste in a safe, clean and sanitary
3. Keep all plumbing fixtures in the dwelling unit or used by
the tenant as clean and sanitary as their condition permits;
4. Use in a safe and nondestructive manner all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning and other
facilities and appliances including elevators in the premises;
5. Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or permit any person,
animal or pet to do so;
6. Not engage in conduct or allow any person or animal or
pet, on the premises with the express or implied permission or
consent of the tenant, to engage in conduct that will disturb the
quiet and peaceful enjoyment of the premises by other tenants;
7. Comply with all covenants, rules, regulations and the like
which are in accordance with Section 126 of this title; and
8. Not engage in criminal activity that threatens the health,
safety right of peaceful enjoyment of the premises by other tenants
or is a danger to the premises, and not engage in any drug-related
criminal activity on or near the premises either personally or by
any member of the tenant's household or any guest or other person
under the tenant's control.
Consent of Tenant for Landlord to Enter Dwelling Unit -
Emergency Entry - Abuse of Right of Entry - Notice - Abandoned
Premises - Refusal of Consent.
A. A tenant shall not unreasonably withhold consent to the
landlord, his agents and employees, to enter into the dwelling unit
in order to inspect the premises, make necessary or agreed repairs,
decorations, alterations or improvements, supply necessary or agreed
services or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen or contractors.
B. A landlord, his agents and employees may enter the
dwelling unit without consent of the tenant in case of emergency.
C. A landlord shall not abuse the right of access or use it
to harass the tenant. Except in case of emergency or unless it is
impracticable to do so, the landlord shall give the tenant at least
one (1) day's notice of his intent to enter and may enter only at
D. Unless the tenant has abandoned or surrendered the
premises, a landlord has no other right of access during a tenancy
except as is provided in this act or pursuant to a court order.
E. If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief to compel access or he may terminate
the rental agreement.
Tenant's Breach of Rental Agreement - Wrongful
A. Unless otherwise agreed, use by the tenant of the dwelling
unit for any purpose other than as his place of abode shall
constitute a breach of the rental agreement and shall be grounds for
terminating the rental agreement.
B. If the tenant wrongfully quits and abandons the dwelling
unit during the term of the tenancy, the landlord shall make
reasonable efforts to make the dwelling unit available for rental.
If the landlord rents the dwelling unit for a term beginning before
the expiration of the rental agreement, said rental agreement
terminates as of the commencement date of the new tenancy. If the
landlord fails to use reasonable efforts to make the dwelling unit
available for rental or if the landlord accepts the abandonment as a
surrender, the rental agreement is deemed to be terminated by the
landlord as of the date the landlord has notice of the abandonment.
If, after making reasonable efforts to make the dwelling unit
available for rental after the abandonment, the landlord fails to
rerent the premises for a fair rental during the term, the tenant
shall be liable for the entire rent or the difference in rental,
whichever may be appropriate, for the remainder of the term. If the
tenancy is from month-to-month or week-to-week, the term of the
rental agreement for this purpose is deemed to be a month or a week,
as the case may be.
Abandonment or Surrendering Possession of Dwelling Unit -
Disposition of Personal Property.
A. If the tenant abandons or surrenders possession of the
dwelling unit or has been lawfully removed from the premises through
eviction proceedings and leaves household goods, furnishings,
fixtures, or any other personal property in the dwelling unit, the
landlord may take possession of the property, and if, in the
judgment of the landlord, the property has no ascertainable or
apparent value, the landlord may dispose of the property without any
duty of accounting or any liability to any party. Any property left
with the landlord for a period of thirty (30) days or longer shall
be conclusively determined to be abandoned and as such the landlord
may dispose of said property in any manner which he deems reasonable
and proper without liability to the tenant or any other interested
party. In any such case, the landlord has the option of complying
with the provisions of subsection B of this section. The landlord
may dispose of perishable property in any manner the landlord
B. If the tenant abandons or surrenders possession of the
dwelling unit or has been lawfully removed from the premises through
eviction proceedings and leaves household goods, furnishings,
fixtures, or any other personal property in the dwelling unit, the
landlord may take possession of the property, and if, in the
judgment of the landlord the property has an ascertainable or
apparent value, the landlord shall provide written notice to the
tenant by certified mail to the last-known address that if the
property is not removed within the time specified in the notice, the
property will be deemed abandoned. Any property left with the
landlord for a period of thirty (30) days or longer shall be
conclusively determined to be abandoned and as such the landlord may
dispose of said property in any manner which he deems reasonable and
proper without liability to the tenant or any other interested
C. The landlord shall store all personal property of the
tenant in a place of safekeeping and shall exercise reasonable care
of the property. The landlord shall not be responsible to the tenant
for any loss not caused by the landlord's deliberate or negligent
act. The landlord may elect to store the property in the dwelling
unit that was abandoned or surrendered by the tenant, in which event
the storage cost may not exceed the fair rental value of the
premises. If the tenant's property is removed to a commercial
storage company, the storage cost shall include the actual charge
for the storage and removal from the premises to the place of
D. If the tenant removes the personal property within the
time limitations provided in this section, the landlord is entitled
to the cost of storage for the period during which the property
remained in the landlord's safekeeping plus all other costs that
accrued under the rental agreement.
E. The landlord may not be held to respond in damages in an
action by a tenant claiming loss by reason of the landlord's
election to destroy, sell or otherwise dispose of the property in
compliance with the provisions of this section. If, however, the
landlord deliberately or negligently violated the provisions of this
section, the landlord shall be liable for actual damages.
A. If rent is unpaid when due, the landlord may bring an action
for recovery of the rent at any time thereafter or the landlord may
wait until the expiration of the period allowed for curing a default
by the tenant, as prescribed in subsection B of this section, before
bringing such action.
B. A landlord may terminate a rental agreement for failure to
pay rent when due, if the tenant fails to pay the rent within five
(5) days after written notice of landlord's demand for payment. The
notice may be given before or after the landlord files any action
authorized by subsection A of this section. Demand for past due rent
is deemed a demand for possession of the premises and no further
notice to quit possession need be given by the landlord to the
tenant for any purpose.
Tenant's Failure to Comply with Rental Agreement or
Perform Duties - Rights and Duties of Landlord.
A. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, if there is a noncompliance by the tenant
with the rental agreement or with Section 127 of this title which
noncompliance can be remedied by repair, replacement of a damaged
item, or cleaning and the tenant fails to comply as promptly as
conditions require in the case of an emergency or within ten (10)
days after written notice served as provided in subsection E of
Section 111 of this title by the landlord specifying the breach and
requiring that the tenant remedy it within that period of time, the
landlord may enter the dwelling unit and cause the work to be done
in a workmanlike manner and thereafter submit the itemized bill for
the actual and reasonable cost or the fair and reasonable value
thereof as rent on the next date rent is due, or if the rental
agreement has terminated, for immediate payment. If the landlord
remedies the breach as provided in this subsection, the landlord may
not terminate the rental agreement by reason of the tenant's failure
to remedy the breach.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, if there is a material noncompliance by the
tenant with the rental agreement or with any provision of Section
127 of this title, the landlord may deliver to the tenant a written
notice served as provided in subsection E of Section 111 of this
title specifying the acts and omissions constituting the
noncompliance and that the rental agreement will terminate upon a
date not less than fifteen (15) days after receipt of the notice
unless remedied within ten (10) days. If the breach is not remedied
within ten (10) days from receipt of the notice, the rental
agreement shall terminate as provided in the notice. If within the
ten (10) days the tenant adequately remedies the breach complained
of, or if the landlord remedies the breach according to the
provisions of subsection A of this section, the rental agreement
shall not terminate by reason of the breach. Any ubsequent
breach of the lease or noncompliance under this section shall be
grounds, upon written notice to the tenant, for immediate
termination of the lease.
C. Notwithstanding other provisions of this section, if there
is a noncompliance by the tenant with the rental agreement or with
any of the provisions of Section 127 of this title, which
noncompliance causes or threatens to cause imminent and irremediable
harm to the premises or to any person and which noncompliance is not
remedied by the tenant as promptly as conditions require after the
tenant has notice of it, the landlord may terminate the rental
agreement by immediately filing a forcible entry and detainer
D. Any criminal activity that threatens the health, safety or
right of peaceful enjoyment of the premises by other tenants
committed by a tenant or by any member of the tenant's household or
any guest or other person under the tenant's control or is a danger
to the premises and any drug-related criminal activity on or near
the premises by the tenant or by any member of the tenant's
household or any guest or other person under the tenant's control
shall be grounds for immediate termination of the lease.
Lien on Tenant's Property.
A landlord shall have a lien upon that part of the property
belonging to the tenant which has a reasonable relationship as
nearly as practicable to the amount of the debt owed, which may be
in a rental unit used by him at the time notice is given, for the
proper charges owed by the tenant, and for the cost of enforcing the
lien, with the right to possession of the property until the debt
obligation is paid to the landlord. Provided, however, that such
lien shall be secondary to the claim of any prior bona fide holder
of a chattel mortgage or to the rights of a conditional seller of
such property, other than the tenant.
For purposes of this section, property shall mean any baggage
or other property belonging to the tenant which may be in the rental
unit used by the tenant but which shall not include all tools,
musical instruments or books used by the tenant in any trade or
profession, all family portraits and pictures, all wearing apparel,
any type of prosthetic or orthopedic appliance, hearing aid,
glasses, false teeth, glass eyes, bedding, contraceptive devices,
soap, tissues, washing machines, vaporizers, refrigerators, food,
cooking and eating utensils, all other appliances personally used by
the tenant for the protection of his health, or any baby bed or any
other items used for the personal care of babies.
Enforcement of Lien.
A landlord lien may be enforced as any other general lien as
provided in Section 91 of Title 42 of the Oklahoma Statutes.
Construction of Act.
This act shall be liberally construed and applied to promote and
effectuate its underlying purposes and policies.
Removal of Rented Furniture - Procedure.
A. Upon termination of a furniture rental agreement, the lessor
or agent of the lessor shall not remove the furniture from the
possession or dwelling place of the lessee unless the lessee or an
agent of the lessee is present. Such furniture shall be marked with
either an identifying number or in some other distinguishable manner
prior to removal. Before the furniture is removed, the lessor or his
agent shall inspect the furniture and advise the lessee or the agent
of the lessee of each specific item of damage. If furniture is
removed when such person is not present or if the furniture is not
inspected before removal, the entire amount of any security deposit
held by the lessor shall be returned to the lessee.
B. If the lessor complies with the provisions of subsection A
of this section and recovers damaged furniture, any security deposit
held by the lessor may be applied to the amount of damages which the
lessor has suffered due to the fault of the lessee if the lessor
provides to the lessee a written itemized statement of damage
delivered by mail, to be by return receipt requested and to be
signed for by any person of statutory service age at such address.
The lessor shall allow the lessee an opportunity to reinspect the
furniture in question before any security deposit may be retained or
any additional damage charge made.
C. In the case of undamaged furniture, the lessor shall
return any security deposit without interest to the lessee within
thirty (30) days of the termination of the rental agreement. If the
returned furniture is damaged, the lessor shall return the balance
of any security deposit above the cost of damage, without interest,
to the lessee within thirty (30) days of the inspection of the
furniture by the lessee. If the lessee chooses not to inspect the
furniture, the balance of the security deposit shall be returned to
the lessee within thirty (30) days of the mailing of the written
itemized statement of damage.
Help? Visit our free online discussion