Oklahoma Late Fee Law
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). State law sets no grace period, so any grace period comes from the lease.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Oklahoma late fee law at a glance
| Late-fee cap | No fixed cap; a late fee is enforceable only as reasonable liquidated damages, and a fee that operates as a penalty is void (15 O.S. §§ 213-215; Sun Ridge Investors, Ltd. v. Parker, 1998 OK 22)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 | No state grace period41 O.S. §§ 109, 131 (rent due as agreed; 5-day demand before termination) |
| Notice before filing for unpaid rent | 5 days (5-day notice demanding past-due rent)Okla. Stat. tit. 41, § 131 |
What Oklahoma law says
Is there a limit on late fees in Oklahoma?
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)).
Does Oklahoma require a grace period before a late fee?
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)).
How much notice must an Oklahoma landlord give for 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)).
How Oklahoma compares
31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.
None of Oklahoma's 6 neighbors follows the same rule.
Other Oklahoma rules
| Security deposit limit | No state cap41 O.S. § 115 (no amount limit; escrow requirement in (A)) |
|---|---|
| Deposit return deadline | 45 days after the tenant's written request41 O.S. § 115(B) |
| Entry notice | 24 hours' notice41 O.S. § 128 |
| Rent-increase notice | No state rule41 O.S. § 109, 41 O.S. § 111(A) |
| Month-to-month termination | 30 days (either side)41 O.S. § 111 |