Oklahoma Landlord-Tenant Law

Maximum deposit

Oklahoma sets no limit on the amount of a security deposit, but the landlord must hold it in an escrow account at a federally insured institution in Oklahoma (41 O.S. § 115(A)). (41 O.S. § 115 (no amount limit; escrow requirement in (A)))

Return deadline

Landlords must return the deposit balance, with an itemized statement of deductions, within 45 days after the tenancy ends, the tenant gives up possession and the tenant makes a written demand (41 O.S. § 115(B)). (41 O.S. § 115(B))

Itemized deductions

Deductions for rent and damages must be itemized in a written statement delivered in person or by return-receipt mail (41 O.S. § 115(B)). (41 O.S. § 115(B))

Interest on deposits

Oklahoma landlords do not owe interest on deposits, since the statute requires the balance to be returned 'without interest', but deposits must be kept in an in-state escrow account (41 O.S. § 115(A)-(B)). (41 O.S. § 115(A)-(B))

Penalty for wrongful withholding

If the landlord does not comply with the deposit rules, the tenant may recover the deposit and any prepaid rent, and misappropriating escrowed deposits is punishable by up to six months in jail and a fine of up to twice the amount taken (41 O.S. § 115(A), (E)). (41 O.S. § 115(A), (E), (G))

Late-fee limit

Oklahoma has no fixed late-fee cap, but the Oklahoma Supreme Court held that a $5-per-day late charge on top of a $20 late fee was a void penalty absent proof of the landlord's actual costs, so fees must be a reasonable estimate of real costs (Sun Ridge Investors, Ltd. v. Parker, 1998 OK 22; 15 O.S. §§ 213-215). (15 O.S. §§ 213-215 (penalties void; liquidated damages only where actual damage is impracticable to fix), Sun Ridge Investors, Ltd. v. Parker, 1998 OK 22, 956 P.2d 876 (OSCN))

Grace period

Oklahoma law sets no grace period before a late fee may be charged; the 5-day period in 41 O.S. § 131(B) applies only to terminating the lease after a written demand for rent (41 O.S. §§ 109, 131). (41 O.S. §§ 109, 131 (rent due as agreed; 5-day demand before termination))

Oklahoma landlords must give at least one day's notice before entering and come only at reasonable times, unless there is an emergency or notice is impracticable (41 O.S. § 128(C)). (41 O.S. § 128)

Either side may end a month-to-month or at-will tenancy with written notice served at least 30 days before the termination date, counted from service (41 O.S. § 111(A), (E)). (41 O.S. § 111)

Oklahoma has no rent-increase notice statute, so increases follow the lease; on a month-to-month tenancy, giving 30 days' written notice mirrors the termination rule (41 O.S. §§ 109, 111(A)). (41 O.S. § 109, 41 O.S. § 111(A))

Oklahoma has no rent control, and cities and towns may not adopt or enforce ordinances that regulate the rent on privately owned housing (Okla. Stat. tit. 11, § 14-101.1). (Okla. Stat. tit. 11, § 14-101.1)

• In effect since March 21, 1988.

Before the tenancy starts, disclose in writing who manages and owns the property and who accepts notices, any flooding in the past 5 years, any known meth manufacture, and for pre-1978 housing the federal lead-paint disclosure (Okla. Stat. tit. 41, §§ 113a, 116, 118(C)). (Okla. Stat. tit. 41, §§ 113a, 116, 118(C))

• Name and address of the manager, the owner (or owner's agent for service of process and notices), and the person entitled to accept service or notice (In writing at or before the start of the tenancy, kept current) — Okla. Stat. tit. 41, § 116
• Flooding of the premises within the past 5 years, if known to the landlord (Prominently and in writing as part of any written rental agreement) — Okla. Stat. tit. 41, § 113a
• Known or suspected past use of the unit or premises to manufacture methamphetamine (unless testing shows contamination at or below 0.1 µg/100 cm²) (Before the rental agreement starts) — Okla. Stat. tit. 41, § 118(C)
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Unpaid rent

If rent is unpaid when due, give written notice demanding payment; you may end the tenancy if the tenant doesn't pay within 5 days, and the demand also counts as a demand for possession (Okla. Stat. tit. 41, § 131(B)). (Okla. Stat. tit. 41, § 131)

Lease violations

For a material lease violation, give written notice that the lease ends at least 15 days after the tenant receives it unless the breach is fixed within 10 days; a repeat breach allows termination on written notice (Okla. Stat. tit. 41, § 132(B)). (Okla. Stat. tit. 41, § 132)