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Oklahoma Landlord Tenant Law

Oklahoma Landlord Tenant Law

Oklahoma Landlord Tenant Law: Everything You Need to Know

When it comes to renting a property in Oklahoma, both landlords and tenants need to understand their rights and responsibilities. Oklahoma landlord tenant law outlines the rules and regulations that govern these relationships. This article will provide an in-depth overview of Oklahoma’s landlord-tenant laws, including the latest updates to the tenant protection act, lease agreements, security deposits, eviction procedures, and more.

The Oklahoma Residential Landlord and Tenant Act

The Oklahoma Residential Landlord and Tenant Act (RLTA) governs the landlord-tenant relationships in Oklahoma. This act outlines the rights and responsibilities of both landlords and tenants, as well as the procedures for handling disputes and resolving issues. The RLTA is divided into six sections:

1. General Provisions

The general provisions section of the RLTA applies to all residential rental properties in Oklahoma. This section outlines the definition of a residential property and the parties involved in a landlord-tenant relationship. It also includes the requirement for a written lease agreement, which must be signed by both parties. Additionally, this section covers the disclosure of lead-based paint hazards in rental properties built before 1978.

2. Landlord Obligations

The landlord obligations section of the RLTA outlines the responsibilities of the landlord in maintaining the rental property. The landlord is responsible for providing a habitable dwelling, which includes meeting all building codes, ensuring reliable heating and cooling, and providing running water and electricity. The landlord must also maintain the property’s exterior and common areas, such as hallways and laundry rooms.

3. Tenant Obligations

The tenant obligations section of the RLTA outlines the responsibilities of the tenants in maintaining the rental property. The tenant must keep the property clean and safe, report any maintenance issues to the landlord, and abide by the terms of the lease agreement. The tenant must also pay rent on time, and failure to do so can result in eviction.

4. Security Deposits

The security deposits section of the RLTA outlines the rules regarding security deposits. The landlord may collect a security deposit that can be used to cover any unpaid rent or damage caused by the tenant. The deposit cannot exceed the equivalent of one month’s rent. The landlord must provide an itemized list of any damages or unpaid rent within 30 days of the tenant moving out. If the landlord fails to provide this list, the tenant may be entitled to a refund of the security deposit.

5. Evictions

The eviction section of the RLTA outlines the procedures for evicting a tenant. The landlord must provide written notice of the eviction, outlining the reason for the eviction and the timeframe in which the tenant must move out. The tenant has the right to dispute the eviction and can appear in court to defend against it. If the landlord wins the eviction case, a court order will be issued, and the tenant must move out within the specified timeframe.

6. Tenant Protection Act (TPA)

The Tenant Protection Act (TPA) is an update to the RLTA that went into effect on November 1, 2019. This act provides additional protections for tenants, including a requirement for landlords to provide written notice of any rent increases, as well as a 60-day notice for any non-renewal of lease agreements. The TPA also requires landlords to give a 90-day notice for any termination of a tenant’s occupancy due to the sale of the property.

Lease Agreements

Oklahoma law requires a written lease agreement for all residential rental properties. The lease agreement must include a description of the property, rental price and payment terms, security deposit amount, and the timeframe of the lease agreement. The lease agreement may also include any additional provisions agreed to by both the landlord and tenant.

The lease agreement must be signed by both parties, and the tenant must receive a copy of the signed lease agreement. A verbal agreement is not legally binding, and it is always advisable to have a written lease agreement.

Security Deposits

As mentioned earlier, Oklahoma law allows landlords to collect a security deposit from tenants. This deposit can be used to cover any unpaid rent or damages caused by the tenant. The security deposit cannot exceed the equivalent of one month’s rent.

The landlord must provide the tenant with a written notice of the amount of the security deposit, the purpose of the deposit, and the conditions for the return of the deposit at the end of the lease agreement. The landlord must also provide an itemized list of any deductions from the security deposit within 30 days of the tenant moving out.

If the landlord fails to provide the required notice or fails to return the security deposit, the tenant may be entitled to damages, including the return of the full deposit.

Evictions

Evictions in Oklahoma must follow specific procedures outlined in the RLTA. To initiate an eviction, the landlord must provide written notice to the tenant, outlining the reason for the eviction and the timeframe in which the tenant must move out. The landlord must also provide a copy of the notice to the courts.

The tenant has the right to dispute the eviction and can appear in court to defend against it. If the landlord wins the eviction case, a court order will be issued, and the tenant must move out within the specified timeframe. If the tenant refuses to move out, the landlord can obtain a writ of possession, which allows the landlord to remove the tenant from the property.

Tenant Protection Act

The Tenant Protection Act (TPA) went into effect on November 1, 2019, and provides additional protections for tenants in Oklahoma. The TPA requires landlords to give written notice of any rent increases, as well as a 60-day notice for any non-renewal of lease agreements. The TPA also requires landlords to give a 90-day notice for any termination of a tenant’s occupancy due to the sale of the property.

The TPA also includes protections for victims of domestic violence, allowing them to break their lease agreement without penalty and providing additional confidentiality protections.

Final Thoughts

Oklahoma’s landlord-tenant laws aim to protect the rights of both landlords and tenants. It is crucial for both parties to understand their rights and obligations under the law. Failure to comply with the law can result in legal action, so it is always advisable to consult with legal professionals when necessary.

As a landlord, it is essential to maintain a habitable property and provide proper maintenance and security for tenants. As a tenant, it is vital to pay rent on time, maintain the property, and report any issues to the landlord as soon as possible. By following these guidelines, landlords and tenants can avoid disputes and maintain a healthy and productive landlord-tenant relationship.


Guide to Oklahoma Landlord Tenant Law

If you are a renter or a landlord in Oklahoma, you need to have an understanding of OK landlord tenant law in order to ensure that your rights are respected.  Oklahoma landlord tenant law can be somewhat complicated, but gives a variety of protections to both tenants and landlords.  This guide will explain some aspects of OK landlord tenant law so that you can understand if your rights have been violated.  If you believe your landlord or tenant has violated OK landlord tenant law, you may wish to consult with a landlord tenant law attorney.

Oklahoma Landlord Tenant Law and Security Deposits

While in many states, a landlord must always return a security deposit promptly, Oklahoma landlord tenant law only requires a landlord to give back a security deposit after a written request from a tenant.  If you do not make this request within six months, OK landlord tenant law allows your landlord to keep the deposit.  According to Oklahoma landlord tenant law, landlords must maintain your security deposit separately from their own funds and must return it within 30 days of your request or give you an itemized list of damages.

Oklahoma Landlord Tenant Law and Evictions

OK landlord tenant law forbids “self help” evictions, in which a landlord personally evicts a tenant.  Some of the methods banned by state law include turning off utilities, changing a tenant’s locks, or removing a tenant’s belongings from their unit.  OK landlord tenant law only allows a landlord to evict a tenant by going through the legal eviction process in civil court.  If your landlord is attempting to remove you in any other way, you should contact a landlord tenant lawyer immediately.

Oklahoma Landlord Tenant Law and Habitability

OK landlord tenant law requires that all landlords maintain units at standards suitable for human habitation.  This means that your unit is required to have functional heating, electrical, and plumbing systems, and that you must have access to safe hot and cold drinking water.  All of a unit’s appliances, including air conditioning units, must be maintained in good condition according to OK landlord tenant law, and your landlord must also provide trash removal.

Oklahoma Landlord Tenant Law and Lease Breaches

If your landlord does not maintain habitability standards or otherwise breaches your lease, you have several options.  OK landlord tenant law allows a tenant to give a landlord 14 days of notice to fix a problem, and if the problem is not fixed, the tenant may leave 30 days after giving the original notice.  You may also spend money yourself to fix the problem and withhold it from rent, if the cost of the repair is no more than $100.

Any problems that cause safety hazards or an imminent threat to your health allow you to terminate your lease immediately upon written notice, according to OK landlord tenant law.  Unsafe conditions caused by an emergency (like a fire) require a week of written notice before your tenancy can come to an end.