Okla. Stat. tit. 41, § 41-103 — OK Code / Title 41 / Section 41-103
Application of act
Status: in_force

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.
Okla. Stat. tit. 41, § 41-113 — OK Code / Title 41 / Section 41-113
Rental agreements
Status: in_force

A. A rental agreement may not provide that either party

thereto:

1. Agrees to waive or forego rights or remedies under the

Oklahoma Residential Landlord and Tenant 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;

Oklahoma Statutes - Title 41. Landlord and Tenant Page 17

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;

5. Agrees to the establishment of a lien except as allowed by

the Oklahoma Residential Landlord and Tenant Act in and to the

property of the other party; or

6. Agrees to waive or limit his or her right to summon a peace

officer or other emergency assistance in an emergency.

B. A provision prohibited by subsection A of this section and

included in a rental agreement is unenforceable.
Okla. Stat. tit. 41, § 41-121 — OK Code / Title 41 / Section 41-121
Landlord's breach of rental agreement - Deductions from
Status: in_force

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

118 of this title 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 118 of this

title which noncompliance materially affects health and the breach

is remediable by repairs, the reasonable cost of which is equal to

or less than one month's rent, the tenant may notify the landlord in

writing of his or her 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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 24

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 or her 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 118 of this title, 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

may:

1. Upon written notice, immediately terminate the rental

agreement; or

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

noncompliance.

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 118 of this title, 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 or she 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 or her family, his or

her animal or pet or other person or animal on the premises with his

or her consent.
Okla. Stat. tit. 41, § 41-18 — OK Code / Title 41 / Section 41-18
Rights and liabilities of executors and administrators
Status: in_force

Executors and administrators shall have the same remedies to

recover rents, and be subject to the same liabilities to pay them,

as their testators and intestates.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 5

R.L. 1910, § 3801.
Okla. Stat. tit. 41, § 41-17 — OK Code / Title 41 / Section 41-17
Recovery of arrears of rent from life grants after death
Status: in_force

A person entitled to rents dependent on the life of another, may

recover arrears unpaid at the death of that other.

R.L. 1910, § 3800.
Okla. Stat. tit. 41, § 41-24 — OK Code / Title 41 / Section 41-24
Crop rent
Status: in_force

When any such rent is payable in a share or certain proportion

of the crop, the lessor shall be deemed the owner of such share or

proportion, and may, if the tenant refuse to deliver him such share

or proportion, enter upon the land and take possession of the same,

or obtain possession thereof by action of replevin.

R.L. 1910, § 3807.
Okla. Stat. tit. 41, § 41-20 — OK Code / Title 41 / Section 41-20
Contribution by joint tenants
Status: in_force

If a joint tenant, or tenant in common, or tenant in

coparcenary, have, by consent, management of the estate, and make

repairs and improvements with the knowledge, and without objection,

of his cotenant or coparcener, such cotenant or coparcener shall

contribute ratably thereto.

R.L. 1910, § 3803.
Okla. Stat. tit. 41, § 41-4 — OK Code / Title 41 / Section 41-4
Time of notice to terminate tenancy
Status: reserved

Thirty (30) days' notice in writing is necessary to be given by

either party before he can terminate a tenancy at will, or from one

period to another, of three (3) months or less; but where in any

case rent is reserved, payable at intervals of less than thirty (30)

days, the length of notice need not be greater than such interval

between the days of payment.

R.L. 1910, § 3786.
Okla. Stat. tit. 41, § 41-12 — OK Code / Title 41 / Section 41-12
Attornment unnecessary to conveyance
Status: in_force

A conveyance of real estate, or of any interest therein, by

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

notice of sale, given to said tenant, shall be good against the

grantee.

R.L. 1910, § 3795.
Okla. Stat. tit. 41, § 41-122 — OK Code / Title 41 / Section 41-122
Damage to or destruction of dwelling unit - Rights and
Status: in_force

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 25

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.
Okla. Stat. tit. 41, § 41-16 — OK Code / Title 41 / Section 41-16
Rents from life grants
Status: in_force

Rents from lands granted for life or lives may be recovered as

other rents.

R.L. 1910, § 3799.
Okla. Stat. tit. 41, § 41-35 — OK Code / Title 41 / Section 41-35
Continued possession renews the lease, when
Status: in_force

If a lessee of real property remains in possession thereof,

after the expiration of the lease and the lessor accepts rent from

him, the parties are presumed to have renewed the lease on the same

terms and for the same time, not exceeding one (1) year.

R.L. 1910, § 3817.
Okla. Stat. tit. 41, § 41-113.3 — OK Code / Title 41 / Section 41-113.3
Victims of domestic violence, sexual violence, or
Status: in_force

stalking.

A landlord shall not deny, refuse to renew or terminate a

tenancy because the applicant, tenant or member of the household is

a victim or alleged victim of domestic violence, sexual violence or

stalking regardless of whether there exists a current protective

order. A landlord shall not deny a tenancy or retaliate against a

tenant because the applicant or tenant has previously terminated a

rental agreement because the applicant or tenant is a victim of

domestic violence, sexual violence or stalking.
Okla. Stat. tit. 41, § 41-114 — OK Code / Title 41 / Section 41-114
Alienees - Rights, obligations and remedies
Status: in_force

Alienees of landlords and tenants shall have the same legal

rights, obligations and remedies as their principals.
Okla. Stat. tit. 41, § 41-130 — OK Code / Title 41 / Section 41-130
Abandoning, surrendering or eviction from possession of
Status: in_force

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. The landlord may

dispose of perishable property in any manner the landlord considers

fit.

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 or around 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 or she deems

Oklahoma Statutes - Title 41. Landlord and Tenant Page 29

reasonable and proper without liability to the tenant or any other

interested party.

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 storage.

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.
Okla. Stat. tit. 41, § 41-115 — OK Code / Title 41 / Section 41-115
Damage or security deposits
Status: in_force

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 forty-five

(45) 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

time:

Oklahoma Statutes - Title 41. Landlord and Tenant Page 20

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.
Okla. Stat. tit. 41, § 41-124 — OK Code / Title 41 / Section 41-124
Damages for unlawful entry, lawful entry in unreasonable
Status: in_force

manner harassment - Limitation on remedies.

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.
Okla. Stat. tit. 41, § 41-61 — OK Code / Title 41 / Section 41-61
Computation of time
Status: in_force

The time within which an act is to be done, as provided for in

Title 41 of the Oklahoma Statutes, shall be computed by excluding

the first day and including the last day. If the last day is a

legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma

Statutes, it shall be excluded. The provisions of this section are

hereby declared to be a clarification of the law as it existed prior

to the effective date of this act and shall not be considered or

construed to be a change of the law as it existed prior to the

effective date of this act. Any action or proceeding arising under

Title 41 of the Oklahoma Statutes prior to the effective date of

this act for which a determination of the period of time prescribed

by this section is in question or has been in question due to the

enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed

by the method for computation of time as prescribed by this section.
Okla. Stat. tit. 41, § 41-22 — OK Code / Title 41 / Section 41-22
Recovery for waste or trespass by remainderman
Status: in_force

A person seized of an estate in remainder or reversion may

maintain an action for waste or trespass, for injury to the

inheritance, notwithstanding an intervening estate for life or

years.

R.L. 1910, § 3805.
Okla. Stat. tit. 41, § 41-113.2 — OK Code / Title 41 / Section 41-113.2
Assistance animal – Reasonable housing accommodation
Status: in_force

request.

A. As used in this section, "assistance animal" means an animal

that works, provides assistance or performs tasks for the benefit of

a person with a disability, or provides emotional support that

alleviates one or more identified symptoms or effects of a person's

disability. "Assistance animal" includes a service animal

specifically trained or equipped to perform tasks for a person with

a disability, or an emotional support animal that provides support

to a person with a disability who has a disability-related need for

such support.

B. A person with a disability may submit a request for a

reasonable accommodation to maintain an assistance animal in a

dwelling pursuant to the Fair Housing Act, as amended, 42 U.S.C.,

Section 3601 et seq., the Americans with Disabilities Act of 1990,

42 U.S.C., Section 12101 et seq., and Section 504 of the

Rehabilitation Act of 1973, as amended, 29 U.S.C., Section 701 or

any other federal, state or local law. Unless the person making the

request has a disability or disability-related need for an

assistance animal that is readily apparent, the landlord may request

reliable supporting documentation that (1) is necessary to verify

Oklahoma Statutes - Title 41. Landlord and Tenant Page 18

that the person meets the definition of disability pursuant to the

Fair Housing Act, (2) describes the needed accommodation, and (3)

shows the relationship between the person's disability and the need

for the requested accommodation. The landlord may independently

verify the authenticity of any supporting documentation. Supporting

documentation that was acquired through purchase or exchange of

funds for goods and services shall be presumed to be fraudulent

supporting documentation.

C. A landlord shall not be liable for injuries by a person's

assistance animal permitted on the landlord's property as a

reasonable accommodation to assist the person with a disability

pursuant to the requirements of subsection B of this section.

D. If a person obtains a reasonable housing accommodation under

this section by knowingly making a false claim of having a

disability that requires the use of an assistance animal or by

knowingly providing fraudulent supporting documentation in

connection with such claim, the landlord may remedy the person's

noncompliance by the procedures authorized pursuant to the Oklahoma

Residential Landlord and Tenant Act in Section 132 of Title 41 of

the Oklahoma Statutes. Additionally, a prevailing landlord in an

eviction action under this section may be awarded court costs and

fees, plus damages not to exceed One Thousand Dollars ($1,000.00)

from the tenant.
Okla. Stat. tit. 41, § 41-125 — OK Code / Title 41 / Section 41-125
Defective condition of premises - Report to landlord
Status: in_force

Oklahoma Statutes - Title 41. Landlord and Tenant Page 26

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.
Okla. Stat. tit. 41, § 41-133 — OK Code / Title 41 / Section 41-133
Lien on tenant's property
Status: in_force

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 33

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.
Okla. Stat. tit. 41, § 41-13 — OK Code / Title 41 / Section 41-13
Attornment to stranger void
Status: in_force

The attornment of a tenant to a stranger shall be void, and

shall not affect the possession of his landlord unless it be made

with the consent of the landlord, or pursuant to a judgment at law,

or the order or decree of a court.

R.L. 1910, § 3796.
Okla. Stat. tit. 41, § 41-128 — OK Code / Title 41 / Section 41-128
Consent of tenant for landlord to enter dwelling unit -
Status: in_force

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

reasonable times.

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.
Okla. Stat. tit. 41, § 41-102 — OK Code / Title 41 / Section 41-102
Definitions
Status: in_force

Unless the context otherwise requires:

Oklahoma Statutes - Title 41. Landlord and Tenant Page 12

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 structure of 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;

Oklahoma Statutes - Title 41. Landlord and Tenant Page 13

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.
Okla. Stat. tit. 41, § 41-11 — OK Code / Title 41 / Section 41-11
Landlord may reenter after unauthorized assignment
Status: in_force

Oklahoma Statutes - Title 41. Landlord and Tenant Page 4

If any tenant shall violate the provisions of the preceding

section, the landlord, or person holding under him, after giving ten

(10) days' notice to quit possession, shall have a right to reenter

the premises and take possession thereof, and dispossess the tenant,

subtenant or undertenant.

R.L. 1910, § 3794.
Okla. Stat. tit. 41, § 41-28 — OK Code / Title 41 / Section 41-28
Attachment for rent lien on crops
Status: in_force

In an action to enforce a lien on crops for rent of farming

lands, the affidavit for attachment shall state that there is due

from the defendant to the plaintiff a certain sum, naming it, for

rent of farming lands, describing the same, and that the plaintiff

claims a lien on the crop made on such land. Upon making and filing

such affidavit and executing an undertaking as prescribed in the

preceding section, an order of attachment shall issue as in other

cases, and shall be levied on such crop, or so much thereof as may

be necessary; and all other proceedings in such attachment shall be

the same as in other actions.

R.L. 1910, § 3810.
Okla. Stat. tit. 41, § 41-109 — OK Code / Title 41 / Section 41-109
Rent
Status: in_force

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 15

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.
Okla. Stat. tit. 41, § 41-23 — OK Code / Title 41 / Section 41-23
Farm rent lien on crop
Status: in_force

Any rent due for farming land shall be a lien on the crop

growing or made on the premises. Such lien may be enforced by

action and attachment therein, as hereinafter provided.

R.L. 1910, § 3806.
Okla. Stat. tit. 41, § 41-2 — OK Code / Title 41 / Section 41-2
Tenant holding over as tenant at will - Expiration of
Status: in_force

unwritten contract.

When premises are let for one or more years, and the tenant,

with the assent of the landlord, continues to occupy the premises

after the expiration of the term, such tenant shall be deemed to be

a tenant at will; provided, that no lease or rental contract of

premises shall be continued, unless the original contract was in

writing, and all other lease or contracts shall expire by limitation

with the calendar year, without notice.

R.L. 1910, § 3784; Laws 1910-11, c. 64, p. 146, § 1.
Okla. Stat. tit. 41, § 41-5 — OK Code / Title 41 / Section 41-5
Termination of tenancy from year to year
Status: in_force

All tenancies from year to year, may be determined by at least

three (3) months' notice, in writing, given to the tenant prior to

the expiration of the year.

R.L. 1910, § 3787.
Okla. Stat. tit. 41, § 41-3 — OK Code / Title 41 / Section 41-3
Tenant holds from one period to another, when
Status: reserved

When rent is reserved, payable at intervals of three (3) months

or less, the tenant shall be deemed to hold from one period to

another, equal to the intervals between the days of payment, unless

there is an express contract to the contrary.

R.L. 1910, § 3785.
Okla. Stat. tit. 41, § 41-118 — OK Code / Title 41 / Section 41-118
Duties of landlord and tenant
Status: in_force

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

condition;

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; and

Oklahoma Statutes - Title 41. Landlord and Tenant Page 22

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.

C. Prior to the commencement of a rental agreement, if a

landlord knows or has reason to know that the dwelling unit or any

part of the premises was used in the manufacture of methamphetamine,

the landlord shall disclose this information to a prospective

tenant. Provided however, if the landlord has had the level of

contamination assessed within the dwelling unit or pertinent part of

the premises, and it has been determined that the level of

contamination does not exceed one-tenth of one microgram (0.1 mcg)

per one hundred square centimeters (100 cm2) of surface materials

within the dwelling unit or pertinent part of the premises, no

disclosure shall be required.
Okla. Stat. tit. 41, § 41-26 — OK Code / Title 41 / Section 41-26
Purchaser of crop with notice liable for rent
Status: in_force

Oklahoma Statutes - Title 41. Landlord and Tenant Page 6

The person entitled to rent may recover from the purchaser of

the crop, or any part thereof, with notice of the lien, the value of

the crop purchased, to the extent of the rent due and damages.

R.L. 1910, § 3808.
Okla. Stat. tit. 41, § 41-136 — OK Code / Title 41 / Section 41-136
Removal of rented furniture - Procedure
Status: in_force

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.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 34

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.
Okla. Stat. tit. 41, § 41-1 — OK Code / Title 41 / Section 41-1
Who deemed tenant at will
Status: in_force

Any person in the possession of real property, with the assent

of the owner, is presumed to be a tenant at will, unless the

contrary is shown, except as herein otherwise provided.

R.L. 1910, § 3783.
Okla. Stat. tit. 41, § 41-52 — OK Code / Title 41 / Section 41-52
Abandonment or surrender of nonresidential rental property
Status: in_force

- Disposition of personal property of tenant - Notice - Storage

costs - Liability of landlord - Application of proceeds of sale.

A. If a tenant abandons, surrenders possession of, or is

evicted from nonresidential rental property and leaves goods,

furnishings, fixtures, or any other personal property on the

premises of the nonresidential rental property, the landlord may

take possession of the personal property ten (10) days after the

tenant receives personal service of notice or fifteen (15) days

after notice is mailed, whichever is latest, and if the personal

property has no ascertainable or apparent value, the landlord may

dispose of the personal property in a reasonable commercial manner.

In any such case, the landlord has the option of complying with the

provisions of subsection B of this section.

B. If the tenant abandons, surrenders possession of, or is

evicted from the nonresidential rental property and leaves goods,

furnishings, fixtures, or any other personal property of an

ascertainable or apparent value on the premises of the

nonresidential rental property, the landlord may take possession of

the personal property and give notice to the tenant, demanding that

the personal property be removed within the dates set out in the

notice but not less than fifteen (15) days after delivery or mailing

of such notice, and that if the personal property is not removed

within the time specified in the notice, the landlord may sell the

personal property at a public sale. The landlord may dispose of

perishable commodities in any manner the landlord considers fit.

Payment by the tenant of all outstanding rent, damages, storage

fees, court costs and attorneys' fees shall be a prerequisite to the

return of the personal property. For purposes of this section,

notice sent by registered or certified mail to the tenant's last-

known address with forwarding requested shall be deemed sufficient

notice.

C. After notice is given as provided in subsection B of this

section, the landlord shall store all personal property of the

tenant in a place of safekeeping and shall exercise reasonable care

of the personal 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 personal

property on the premises of the nonresidential rental property that

was abandoned or surrendered by the tenant or from which the tenant

was evicted, in which event the storage cost may not exceed the fair

rental value of the premises. If the tenant's personal 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 storage.

D. If the tenant makes timely response in writing of an

intention to remove the personal property from the premises and does

Oklahoma Statutes - Title 41. Landlord and Tenant Page 10

not do so within the later of the time specified in the notice

provided for in subsection B of this section or within fifteen (15)

days of the delivery or mailing of the tenant's written response, it

shall be conclusively presumed that the tenant abandoned the

personal property. If the tenant removes the personal property

within the time limitations provided in this subsection, the

landlord is entitled to the cost of storage for the period during

which the personal property remained in the landlord's safekeeping

plus all other costs that accrued under the rental agreement.

E. If the tenant fails to take possession of the personal

property as prescribed in subsection D of this section and make

payment of all amounts due and owing, the personal property shall be

deemed abandoned and the landlord may thereupon sell the personal

property in any reasonable manner without liability to the tenant.

F. Notice of sale shall be mailed to the owner and any other

party claiming any interest in said personal property, if known, at

their last-known post office address, by certified or registered

mail at least ten (10) days before the time specified therein for

such sale. For purposes of this section, parties who claim an

interest in the personal property include holders of security

interests or other liens or encumbrances as shown by the records in

the office of the county clerk of the county where the lien would be

foreclosed.

G. The landlord or any other person may in good faith become a

purchaser of the personal property sold. The landlord may dispose

of any personal property upon which no bid is made at the public

sale.

H. 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 personal

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.

I. Any proceeds from the sale or other disposition of the

personal property, as provided in subsection B of this section,

shall be applied by the landlord in the following order:

1. To the reasonable expenses of taking, holding, preparing for

sale or disposition, giving notice and selling or disposing thereof;

2. To the satisfaction of any properly recorded security

interest;

3. To the satisfaction of any amount due from the tenant to the

landlord for rent or otherwise; and

4. The balance, if any, shall be paid into court within thirty

(30) days of the sale and held for six (6) months and, if not

claimed by the owner of the personal property within that period,

shall escheat to the county.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 11
Okla. Stat. tit. 41, § 41-131 — OK Code / Title 41 / Section 41-131
Delinquent rent
Status: in_force

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.
Okla. Stat. tit. 41, § 41-14 — OK Code / Title 41 / Section 41-14
Rights of sublessees
Status: in_force

Sublessees shall have the same remedy upon the original covenant

against the principal landlord, as they might have had against their

immediate lessor.

R.L. 1910, § 3797.
Okla. Stat. tit. 41, § 41-9 — OK Code / Title 41 / Section 41-9
Service of notice - Termination of tenancy
Status: in_force

The notice to terminate the tenancy required in this chapter may

be served on the tenant, or, if he cannot be found, by delivering

the same to some person over the age of twelve (12) years, residing

on the premises, having first made known to such person the contents

thereof; or, if service cannot be made by the use of reasonable

diligence on the tenant or on any person over the age of twelve (12)

years residing on the premises, the same may be served by posting

said notice at some conspicuous place on the building on said

premises and if there be no buildings on said premises then said

notice shall be posted at some conspicuous place on said premises

and if said notice is posted, a copy of said notice shall be mailed

to the tenant at his last-known address by registered mail and such

notice shall operate to terminate the tenancy at the end of the

period after the date of such posting and mailing that it would have

been terminated by personal service of such notice on the date of

such posting and mailing; provided, that in no event shall such

posting and mailing terminate any tenancy within a period of less

than ten (10) days from the date of such posting and mailing.

R.L. 1910, § 3792; Laws 1941, p. 169, § 1.
Okla. Stat. tit. 41, § 41-7 — OK Code / Title 41 / Section 41-7
Notice when rent not paid under tenancy for less than three
Status: in_force

(3) months.

If a tenant, for a period of less than three (3) months, shall

neglect or refuse to pay rent when due, five (5) days' notice, in

writing, to quit, shall determine the lease, unless such rent be

paid before the expiration of said five (5) days.

R.L. 1910, § 3790.
Okla. Stat. tit. 41, § 41-126 — OK Code / Title 41 / Section 41-126
Tenant's use and occupancy of premises - Rules and
Status: in_force

regulations.

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

adopted; and

3. It applies to all tenants in the premises in a fair manner;

and

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.
Okla. Stat. tit. 41, § 41-113.1 — OK Code / Title 41 / Section 41-113.1
Denial or termination of tenancy because of guide,
Status: in_force

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 November 1,

1985.
Okla. Stat. tit. 41, § 41-33 — OK Code / Title 41 / Section 41-33
Lease presumed to be for one year
Status: in_force

A lease of real property, other than lodgings, in places where

there is no usage on the subject, is presumed to be for one (1) year

from its commencement, unless otherwise expressed in the lease.

R.L. 1910, § 3815.
Okla. Stat. tit. 41, § 41-201 — OK Code / Title 41 / Section 41-201
Declining or terminating lease agreement based upon felony conviction of tenant or
Status: in_force

Oklahoma Statutes - Title 41. Landlord and Tenant Page 2conviction of tenant or occupant.

A. The owner of any real property, including any improvements

consisting of dwelling units, acquired or improved in connection

with an allocation of income tax credits pursuant to the provisions

of Section 42 of the Internal Revenue Code of 1986, as amended, or

in connection with an allocation of income tax credits pursuant to

the provisions of Section 2357.403 of Title 68 of the Oklahoma

Statutes shall have the right to impose conditions in any lease

agreement for the occupancy of any dwelling located on real property

as described by this section which allow the owner to accept or

decline to enter into the lease agreement, or to terminate a

previously executed lease agreement based upon the discovery of

incomplete or false information, with respect to the prior felony

conviction of any person identified as a tenant pursuant to the

terms of the lease agreement, including occupants of the dwelling

whether or not those occupants formally execute a lease agreement.

B. The owner of real property as described in subsection A of

this section may either accept or decline to enter into a lease

agreement or to terminate a previously executed lease agreement

based upon felony convictions, whether pursuant to federal law or

the laws of any state or other governmental jurisdiction, for the

following types of offenses:

1. Possession of any drug or chemical;

2. Possession of any drug or chemical with intent to

manufacture or distribute;

3. Sex offenses, including but not limited to any form of

sexual assault, rape, indecent exposure, or other sexually related

offense if such offense was a felony;

4. Assault or battery or both if the offense was a felony;

5. Any felony involving violence against another person; and

6. Such other felony offenses as the owner of the real property

as described in subsection A of this section includes in the terms

of the lease agreement.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 35

C. The provisions of this section shall supersede the

administrative rule of any state agency, board, commission,

department, statewide beneficiary public trust or other entity of

state government to the extent of any conflict.

D. The provisions of this section shall be applicable with

respect to lease transactions occurring on or after the effective

date of this act without regard to the construction date of the

improvements to real property as described by subsection A of this

section.
Okla. Stat. tit. 41, § 41-130.1 — OK Code / Title 41 / Section 41-130.1
Death of tenant - Disposition of personal property
Status: in_force

A. Upon written request of a landlord, the landlord's tenant

shall:

1. Provide the landlord with the name, address, and telephone

number of a person to contact in the event of the tenant's death;

and

2. Sign a statement authorizing the landlord in the event of

the tenant's death to:

a. grant to the person designated under paragraph 1 of

this subsection access to the premises at a reasonable

time and in the presence of the landlord or the

landlord's agent,

Oklahoma Statutes - Title 41. Landlord and Tenant Page 30

b. allow the person designated under paragraph 1 of this

subsection to remove any of the tenant's property

found at the leased premises, and

c. refund the tenant's security deposit, less lawful

deductions, to the person designated under paragraph 1

of this subsection.

B. A tenant may, without request from the landlord, provide the

landlord with the information specified in subsection A of this

section.

C. Except as provided in subsection D of this section, in the

event of the death of a tenant who is the sole occupant of a rental

dwelling:

1. The landlord may remove and store all property found in the

tenant's leased premises;

2. The landlord shall turn over possession of the property to

the person who was designated by the tenant under subsection A or B

of this section or to any other person lawfully entitled to the

property if the request is made prior to the property being

discarded pursuant to paragraph 5 of this subsection;

3. The landlord shall refund the tenant's security deposit,

less lawful deductions, including the cost of removing and storing

the property, to the person designated under subsection A or B of

this section or to any other person lawfully entitled to the refund;

4. Any person who removes property from the tenant's leased

premises shall sign an inventory of the property being removed at

the time of removal and submit the signed inventory to the landlord;

and

5. The landlord may discard the property removed by the

landlord from the tenant's leased premises if:

a. the landlord has mailed a written request by certified

mail, return receipt requested, to the person

designated under subsection A or B of this section,

requesting that the property be removed,

b. the person failed to remove the property by the

thirtieth day after the postmark date of the notice,

and

c. the landlord, prior to the date of discarding the

property, has not been contacted by anyone claiming

the property.

D. In a written lease or other agreement, a landlord and a

tenant may agree to a procedure different than the procedure in this

section for removing, storing, or disposing of property in the

leased premises of a deceased tenant.

E. If a tenant, after being furnished with a notice of request,

knowingly violates subsection A of this section by failing to

provide the required information and statement, the landlord shall

have no responsibility after the tenant's death for removal,

Oklahoma Statutes - Title 41. Landlord and Tenant Page 31

storage, disappearance, damage, or disposition of property in the

tenant's leased premises.

F. If a landlord, after being furnished with a copy of this

section, knowingly violates subsection C of this section, the

landlord shall be liable to the estate of the deceased tenant for

actual damages.
Okla. Stat. tit. 41, § 41-15 — OK Code / Title 41 / Section 41-15
Rights of alienees of lessors and lessees
Status: in_force

Alienees of lessors and lessees of land shall have the same

legal remedies in relation to such lands as their principal.

R.L. 1910, § 3798.
Okla. Stat. tit. 41, § 41-105 — OK Code / Title 41 / Section 41-105
Mitigation of damages - Rights, obligations and remedies -
Status: in_force

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.
Okla. Stat. tit. 41, § 41-132 — OK Code / Title 41 / Section 41-132
Tenant's failure to comply with rental agreement or
Status: in_force

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 32

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 subsequent 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

action.

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.
Okla. Stat. tit. 41, § 41-104 — OK Code / Title 41 / Section 41-104
Arrangements not covered by act
Status: in_force

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 regardless of the length of the stay;

5. Occupancy by an owner of a condominium unit or a holder of a

proprietary lease in a cooperative; and

Oklahoma Statutes - Title 41. Landlord and Tenant Page 14

6. Occupancy under a rental agreement covering premises used by

the occupant primarily for agricultural purposes.
Okla. Stat. tit. 41, § 41-30 — OK Code / Title 41 / Section 41-30
Taxation of improvements
Status: in_force

All improvements put on leased lands, that do not become a part

of the realty, shall be assessed to the owner of such improvements

as personal property; and the taxes imposed on such improvements

shall be collected by levy and sale of the interest of such owner,

the same as in all other cases of the collection of taxes on

personal property.

R.L. 1910, § 3812.
Okla. Stat. tit. 41, § 41-21 — OK Code / Title 41 / Section 41-21
Joint tenant may recover his share of rents
Status: in_force

A joint tenant, or tenant in common, or tenant in coparcenary,

may maintain an action against his cotenant or coparcener, or their

personal representatives, for receiving more than his just

proportion of the rents and profits.

R.L. 1910, § 3804.
Okla. Stat. tit. 41, § 41-36 — OK Code / Title 41 / Section 41-36
Renewal of lease presumed unless notice of termination
Status: in_force

given.

A lease of real property, for a term not specified by the

parties, is deemed to be renewed, as stated in the last section, at

the end of the term implied by law, unless one of the parties gives

notice to the other of his intention to terminate the same, at least

as long before the expiration thereof as the term of the lease

itself, not exceeding one (1) month.

R.L. 1910, § 3818.
Okla. Stat. tit. 41, § 41-111 — OK Code / Title 41 / Section 41-111
Termination of tenancy
Status: in_force

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 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 the 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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 16

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 or by mailing such notice through the

Firm Mailing Book for Accountable Mail as provided by the United

States Post Office. 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.

F. A victim of domestic violence, sexual violence or stalking

may terminate a lease without penalty by providing written notice

and a protective order of an incident of such violence within thirty

(30) days of such incident, unless the landlord waives such time

period.

G. The provisions of this section shall not apply to an

occupant who has no rental agreement with the landlord and with whom

the landlord has not consented to creating a tenancy. A landlord

shall have the right to demand that such an occupant vacate the

dwelling unit or the premises or both and shall not be required to

commence eviction proceedings. If the occupant wrongfully fails to

comply within a reasonable time, the occupant shall, upon

conviction, be guilty of a trespass and may be punished by a fine

not to exceed Five Hundred Dollars ($500.00).
Okla. Stat. tit. 41, § 41-38 — OK Code / Title 41 / Section 41-38
Duty of tenant in case of proceedings
Status: in_force

Every tenant who receives notice of any proceeding to recover

the real property occupied by him or the possession thereof must

immediately inform his landlord of the same, and also deliver to the

landlord the notice, if in writing, and is responsible to the

landlord for all damages which said landlord may sustain by reason

of any omission to inform him of the notice, or to deliver it to him

if in writing.

R.L. 1910, § 3820.
Okla. Stat. tit. 41, § 41-8 — OK Code / Title 41 / Section 41-8
Notice to quit not required, when
Status: in_force

When the time for the termination of a tenancy is specified in

the contract, or where a tenant at will commits waste, or in the

case of a tenant by sufferance, and in any case where the relation

of landlord and tenant does not exist, no notice to quit shall be

necessary.

R.L. 1910, § 3791.
Okla. Stat. tit. 41, § 41-27 — OK Code / Title 41 / Section 41-27
Landlord may have attachment, when
Status: in_force

When any person who shall be liable to pay rent (whether the

same be due or not, if it be due within one (1) year thereafter, and

whether the same be payable in money or other things), intends to

remove, or is removing, or has, within thirty (30) days, removed,

his property, or his crops, or any part thereof, from the leased

premises, the person to whom the rent is owing may commence an

action, and upon making an affidavit stating the amount of rent for

which such person is liable, and one or more of the above facts, and

executing an undertaking as in other cases, an attachment shall

issue in the same manner and with the like effect as is provided by

law in other actions.

R.L. 1910, § 3809.
Okla. Stat. tit. 41, § 41-107 — OK Code / Title 41 / Section 41-107
Good faith performance or enforcement
Status: in_force

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

enforcement.
Okla. Stat. tit. 41, § 41-108 — OK Code / Title 41 / Section 41-108
Beneficial owner to maintain premises
Status: in_force

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.
Okla. Stat. tit. 41, § 41-6 — OK Code / Title 41 / Section 41-6
Notice to quit where rent not paid
Status: in_force

If a tenant, for a period of three (3) months or longer, neglect

or refuse to pay rent when due, ten (10) days' notice in writing to

quit, shall determine the lease, unless such rent be paid before the

expiration of said ten (10) days.

R.L. 1910, § 3789.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 3
Okla. Stat. tit. 41, § 41-123 — OK Code / Title 41 / Section 41-123
Wrongful removal or exclusion from dwelling unit
Status: in_force

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.
Okla. Stat. tit. 41, § 41-40 — OK Code / Title 41 / Section 41-40
Forfeiture of lease - Release from record - Penalty
Status: in_force

When any lease on land heretofore or hereafter taken shall have

become forfeited, it shall be the duty of the lessee, his, her, or

their heirs, successors, assigns or legal representatives, within

sixty (60) days from the date this act shall take effect, if such

forfeiture occurs prior thereto, and within sixty (60) days from

date of forfeiture of any and all other leases, to have such leases

released from record in the county where such land is situated,

without cost to the owner or owners thereof; and upon failure to

make such release, the owner or owners of the land under lease may

notify in writing the holder of the record title to such lease, that

the same has become forfeited and demand a release of record of such

lease, as herein provided; and if the owner or holder of such lease,

or the officer, agent, or other persons whose duty it is to release

such lease, shall fail or neglect to release same within thirty (30)

days after demand to release has been made in writing, he shall be

guilty of a misdemeanor and upon conviction shall be punished by a

fine of not exceeding One Hundred Dollars ($100.00).
Okla. Stat. tit. 41, § 41-101 — OK Code / Title 41 / Section 41-101
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Residential Landlord and Tenant Act".
Okla. Stat. tit. 41, § 41-120 — OK Code / Title 41 / Section 41-120
Failure of landlord to deliver possession of dwelling unit
Status: in_force

to tenant.

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

possession.
Okla. Stat. tit. 41, § 41-116 — OK Code / Title 41 / Section 41-116
Person to accept service or notice - Identity of owner and
Status: in_force

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.
Okla. Stat. tit. 41, § 41-110 — OK Code / Title 41 / Section 41-110
Term of tenancy
Status: in_force

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.
Okla. Stat. tit. 41, § 41-37 — OK Code / Title 41 / Section 41-37
Rent payable, when
Status: in_force

When there is no contract or usage to the contrary, the rent of

agricultural and wild land is payable yearly at the end of each

year. Rents of lodgings are payable monthly at the end of each

month. Other rents are payable quarterly at the end of each quarter

from the time the hiring takes effect. The rent for shorter period

than the periods herein specified is payable at the termination of

such period.

R.L. 1910, § 3819.
Okla. Stat. tit. 41, § 41-135 — OK Code / Title 41 / Section 41-135
Construction of act
Status: in_force

This act shall be liberally construed and applied to promote and

effectuate its underlying purposes and policies.
Okla. Stat. tit. 41, § 41-119 — OK Code / Title 41 / Section 41-119
Conveyance of property - Attornment of tenant
Status: in_force

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 23

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.
Okla. Stat. tit. 41, § 41-127 — OK Code / Title 41 / Section 41-127
Duties of tenant
Status: in_force

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 permits;

2. Dispose from such tenant's dwelling unit all ashes, garbage,

rubbish and other waste in a safe, clean and sanitary manner;

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;

Oklahoma Statutes - Title 41. Landlord and Tenant Page 27

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 or 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.
Okla. Stat. tit. 41, § 41-19 — OK Code / Title 41 / Section 41-19
Occupants without contract liable for rent
Status: in_force

The occupant of any lands, without special contract shall be

liable for the rent to any person entitled thereto.

R.L. 1910, § 3802.
Okla. Stat. tit. 41, § 41-117 — OK Code / Title 41 / Section 41-117
Commencement of tenancy - Delivery of possession -
Status: in_force

Wrongful possession - Limitations on use - Rights regarding

occupants - Reasonable occupancy limitation.

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.
Okla. Stat. tit. 41, § 41-112 — OK Code / Title 41 / Section 41-112
Duties of parties upon termination of tenancy
Status: in_force

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.
Okla. Stat. tit. 41, § 41-51 — OK Code / Title 41 / Section 41-51
Abandonment or surrender of nonresidential rental property
Status: in_force

- Definitions.

As used in this act:

1. "Landlord" means the owner, lessor or sublessor of a

nonresidential rental property, but does not mean an “owner” as

defined by Section 192 of Title 42 of the Oklahoma Statutes;

2. “Nonresidential rental property” means any land or building

which is rented or leased to a tenant for other than residential

purposes and the rental agreement of which is not regulated under

the provisions of the Oklahoma Residential Landlord and Tenant Act,

Section 101 et seq. of Title 41 of the Oklahoma Statutes or the

Self-Service Storage Facility Lien Act, Section 191 et seq. of Title

42 of the Oklahoma Statutes; and

3. "Tenant" means any person entitled under a rental agreement

to occupy the nonresidential rental property.
Okla. Stat. tit. 41, § 41-134 — OK Code / Title 41 / Section 41-134
Enforcement of lien
Status: in_force

A landlord lien may be enforced as any other general lien as

provided in Section 91 of Title 42 of the Oklahoma Statutes.
Okla. Stat. tit. 41, § 41-106 — OK Code / Title 41 / Section 41-106
Settlement of claim
Status: in_force

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.
Okla. Stat. tit. 41, § 41-129 — OK Code / Title 41 / Section 41-129
Tenant's breach of rental agreement - Wrongful
Status: in_force

abandonment.

A. Unless otherwise agreed, use by the tenant of the dwelling

unit for any purpose other than as his place of abode shall

Oklahoma Statutes - Title 41. Landlord and Tenant Page 28

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.
Okla. Stat. tit. 41, § 41-10 — OK Code / Title 41 / Section 41-10
Tenant may not assign, when
Status: in_force

No tenant for a term not exceeding two (2) years, or at will, or

by sufferance, shall assign or transfer his term or interest, or any

part thereof, to another, without the written assent of the landlord

or person holding under him.

R.L. 1910, § 3793.
Okla. Stat. tit. 41, § 41-113a — OK Code / Title 41 / Section 41-113a
Disclosure of flood or flooding problems in rental
Status: in_force

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.

Oklahoma Statutes - Title 41. Landlord and Tenant Page 19

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.