Oklahoma Residential Landlord and Tenant Act

41 O.S. 2001, §§101-136, as amended
through November 1, 2006

§101. Short Title
This act shall be known and may be cited as the “Oklahoma Residential Landlord and Tenant
§102. Definitions

1. “Building and housing codes” means 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” means 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, and includes any site, space or lot leased to the
owner or resident of a manufactured or mobile home;
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, manufactured or mobile home site, space or lot, and it also means a manager of
the premises who fails to comply with the disclosure provisions of Section 116 of this title;
6. “Occupant” means any person who abides within a dwelling unit, or any person who owns
or occupies a manufactured or mobile home, 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” means 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 entity;
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” means an individual or organization;
10. “Premises” means a dwelling unit and the structureof
which it is a part, the facilities, and
appurtenances therein, the site, space or lot leased to the owner or resident of a mobile or manufactured
home, and the grounds, areas and facilities held out for the use of the tenant generally or
the use of which is promised to the tenant;
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 126 of this title, which establish, embody or modify the terms and conditions concerning
the use and occupancy of a dwelling unit and premises;
13. “Roomer” or “boarder” means 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; and
15. “Tenant” means any person entitled under a rental agreement to occupy a dwelling unit
§103. 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.

§104. 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 organization;
4. Transient occupancy in a hotel, motel or other similar lodging;
5. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
6. Occupancy under a rental agreement covering premises used by the occupant primarily for
agricultural purposes.

§105. Mitigation of damages—Rights, obligations and remedies—Enforcement
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’ fees.

§106. Settlement of claim
A claim or right arising under this act or a rental agreement, if disrupted in good faith, may be
settled by agreement and requires no further consideration.

§107. 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 obilgation of good faith in its performance
or enforcement.

§108. 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.

§109. Rent
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
§110. 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.

§111. 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
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 effective.
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 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.

§112. 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 as practicable.

§113. Rental Agreements
A. A rental agreement may not provide that either party thereto:
1. Agrees to waive or forego rights or remedies under this act;
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

§113a. Disclosure of flood or flooding problems in rental agreement
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.

§113.1. Denial or termination of tenancy because of guide, signal or service 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 Nov. 1,1985.

§114. Alienees—Rights, obligations and remedies
Alienees of landlords and tenants shall have the same legal rights, obligations and remedies as
their principals.

§115. 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 account.
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 tenant’s damage or security deposits at his option or pursuant to
court order shall, within a reasonable time:
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.
§116. 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.

§117. Commencement of tenancy—Delivery of possession—Wrongful 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.