reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.

A. An aggrieved party under the provisions of this act has a duty to mitigate damages.
B. Any right, obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court and may be prosecuted as part of an action for forcible entry or detainer unless the provision declaring it specifies a different and limited effect. In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys' fees.
Added by Laws 1978, c. 257, § 5, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-107. Good faith performance or enforcement.

Every duty under this act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this act imposes an obligation of good faith in its performance or enforcement.
Added by Laws 1978, c. 257, § 7, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-108. Beneficial owner to maintain premises.

Any agreement, assignment, conveyance, trust deed or security instrument which authorizes a person other than the beneficial owner to act as landlord of a dwelling unit shall not relieve the beneficial owner of the duty to conform with this act and any other law, code, ordinance or regulation concerning the maintenance and operation of the premises.
Added by Laws 1978, c. 257, § 8, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-109. Rent.

A. In the absence of agreement, the occupants of a dwelling unit shall pay to the landlord as rent the fair rental value for the use and occupancy of the dwelling unit.
B. Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term of one (1) month or less, while one (1) month's rent shall be payable at the beginning of each month of a longer term.
Added by Laws 1978, c. 257, § 9, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-110. Term of tenancy.

Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week in the case of a roomer or boarder who pays weekly rent, and in all other cases month-to-month.
Added by Laws 1978, c. 257, § 10, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-112. Duties of parties upon termination of tenancy.

Except as otherwise provided in this act, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and be determined upon the effective date of said termination, and the parties shall thereupon discharge any remaining obligations under this act as soon as practicable.
Added by Laws 1978, c. 257, § 12, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-113. Rental agreements.

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;
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.
Added by Laws 1978, c. 257, § 13, eff. Oct. 1, 1978. Amended by Laws 2021, c. 410, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-113.1. Denial or termination of tenancy because of guide, signal or service dog.

A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.
Added by Laws 1982, c. 251, § 3, emerg. eff. May 11, 1982. Amended by Laws 1985, c. 19, § 3, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-113.2. Assistance animal – Reasonable housing accommodation 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 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.
Added by Laws 2018, c. 223, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-113.3. Victims of domestic violence, sexual violence, or 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.
Added by Laws 2021, c. 410, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-113a. Disclosure of flood or flooding problems in rental agreement.

A. If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. Failure to provide such information shall entitle any tenant who is a party to the rental agreement to sue the landlord of the premises in a court of appropriate jurisdiction and to recover the personal property damages sustained by the tenant from flooding of the premises.
B. For the purpose of this section, "flooded and flooding" shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters.
Added by Laws 1986, c. 194, § 1, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-116. Person to accept service or notice - Identity of owner and manager - Failure to comply with section.

A. As a part of any rental agreement the lessor shall prominently and in writing identify what person at what address is entitled to accept service or notice under this act. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
1. The person or persons authorized to manage the premises;
2. The owner or owners of the premises; or
3. The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices.
The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager.
B. A person who fails to comply with this section becomes a landlord for the purposes of this act and an agent of each person who is otherwise a landlord for:
1. Receipt of service of process and receiving and receipting for notices and demands; and
2. Performing the obligations of a landlord under this act and under the rental agreement and expending and making available for the purpose all rents collected from the premises.
Added by Laws 1978, c. 257, § 16, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-117. Commencement of tenancy - Delivery of possession - 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.
Added by Laws 1978, c. 257, § 17, eff. Oct. 1, 1978. Amended by Laws 1995, c. 149, § 3, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-118. Duties of landlord and tenant.

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
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.
Added by Laws 1978, c. 257, § 18, eff. Oct. 1, 1978. Amended by Laws 2010, c. 282, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-119. Conveyance of property - Attornment of tenant.

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 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.
Added by Laws 1978, c. 257, § 19, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-120. Failure of landlord to deliver possession of dwelling unit 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.
Added by Laws 1978, c. 257, § 20, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-122. Damage to or destruction of dwelling unit - Rights and 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 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.
Added by Laws 1978, c. 257, § 22, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-123. Wrongful removal or exclusion from dwelling unit.

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.
Added by Laws 1978, c. 257, § 23, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-124. Damages for unlawful entry, lawful entry in unreasonable 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.
Added by Laws 1978, c. 257, § 24, eff. Oct. 1, 1978. Amended by Laws 1995, c. 149, § 4, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-125. Defective condition of premises - Report to landlord.

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.
Added by Laws 1978, c. 257, § 25, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-126. Tenant's use and occupancy of premises - Rules and 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.
Added by Laws 1978, c. 257, § 26, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-127. Duties of tenant.

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;
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.
Added by Laws 1978, c. 257, § 27, eff. Oct. 1, 1978. Amended by Laws 1998, c. 306, § 11, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-128. Consent of tenant for landlord to enter dwelling unit - 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.
Added by Laws 1978, c. 257, § 28, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-129. Tenant's breach of rental agreement - Wrongful abandonment.

A. Unless otherwise agreed, use by the tenant of the dwelling unit for any purpose other than as his place of abode shall 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.
Added by Laws 1978, c. 257, § 29, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-131. Delinquent rent.

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.
Added by Laws 1978, c. 257, § 31, eff. Oct. 1, 1978. Amended by Laws 1995, c. 149, § 6, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-133. Lien on tenant's property.

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 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.
Added by Laws 1978, c. 257, § 33, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-136. Removal of rented furniture - Procedure.

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.
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.
Added by Laws 1982, c. 76, § 1.
2023 Oklahoma Statutes › Title 41. Landlord and Tenant › §41-201. Declining or terminating lease agreement based upon felony conviction 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.
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.
Added by Laws 2019, c. 196, § 1, emerg. eff. April 29, 2019.
2023 Oklahoma Statutes › Title 42. Liens › §42-4. Special lien - Prior lien.

A special lien is one which the holder thereof can enforce only as a security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.
R.L. 1910, § 3825.
2023 Oklahoma Statutes › Title 42. Liens › §42-8. Lien on future interest.

An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing to the extent of such interest.
R.L. 1910, § 3829.
2023 Oklahoma Statutes › Title 42. Liens › §42-11. Contracts for forfeiture of property and restraining redemption.

All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void, except in the case specified in Section 1122.
R.L. 1910, § 3832.
2023 Oklahoma Statutes › Title 42. Liens › §42-14. Holder of lien not entitled to compensation.

One who holds property by virtue of a lien thereon, is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower, under Sections 1018 and 1019.
R.L. 1910, § 3835.
2023 Oklahoma Statutes › Title 42. Liens › §42-17. Order of resort for payment of prior liens.

Where one has a lien upon several things, and other persons have subordinate liens upon or interests in, some but not all of the same things, the person having the prior lien, if he can do so without the risk of loss to himself, or injustice to other persons, must resort to the property in the following order, on the demand of any party interested:
1. To the things upon which he has an exclusive lien.
2. To the things which are subject to the fewest subordinate liens.
3. In like manner inversely to the number of subordinate liens upon the same thing; and,
4. When several things are within one of the foregoing classes, and subject to the same number of liens, resort must be had,-
(a)
To the things which have not been transferred since the prior lien was created.
(b)
To the things which have been so transferred without a valuable consideration; and,
(c)
To the things which have been so transferred for a valuable consideration.
R.L. 1910, § 3838.
2023 Oklahoma Statutes › Title 42. Liens › §42-18. Persons entitled to redeem lien - Federal right of first refusal - Rule of construction.

Every person having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed.
B. Neither this section nor any existing or future order or regulation of any entity of state government or case law or common law shall be construed as limiting or diminishing any federally guaranteed "right of first refusal" granted by the Agricultural Credit Act of 1987 (P.L. 100-233).
R.L. 1910, § 3839; Laws 1988, c. 100, § 1, emerg. eff. April 1, 1988.
2023 Oklahoma Statutes › Title 42. Liens › §42-19. Holder of inferior lien - Redemption.

One who has a lien, inferior to another upon the same property, has a right:
1. To redeem the property in the same manner as its owner might, from the superior lien; and,
2. To be subrogated to all the benefits of the superior lien when necessary for the protection of his interests, upon satisfying the claim secured thereby.
R.L. 1910, § 3840.
2023 Oklahoma Statutes › Title 42. Liens › §42-25. Voluntary restoration as extinguishing lien.

The voluntary restoration of property to its owner, by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.
R.L. 1910, § 3846.
2023 Oklahoma Statutes › Title 42. Liens › §42-26. Vendor's lien for price of realty.

One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured, otherwise than by the personal obligation of the buyer, subject to the rights of purchasers and encumbrancers, in good faith, without notice.
R.L. 1910, § 3847.
2023 Oklahoma Statutes › Title 42. Liens › §42-27. Waiver of vendor's lien.

Where the buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller, waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien.
R.L. 1910, § 3848.
2023 Oklahoma Statutes › Title 42. Liens › §42-30. Lien of purchaser of real property.

One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back in case of a failure of consideration.
R.L. 1910, § 3851.
2023 Oklahoma Statutes › Title 42. Liens › §42-33. Special lien of officer levying attachment or execution.

An officer, who levies an attachment or execution upon personal property, acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.
R.L. 1910, § 3855.
2023 Oklahoma Statutes › Title 42. Liens › §42-39. Keeper of inn, hotel, boardinghouse, or rooming house - Lien on baggage and other property - Limitation - Enforcement.

The keeper of any inn, hotel, boardinghouse, or rooming house, whether individual, partnership or corporation, shall have a lien on the baggage and other property in and about such inn, brought to the same by or under the control of his guest or boarders for the proper charges due him from such guests or boarders for accommodation, board and lodging, and for all money paid for or advanced to them, not to exceed the sum of Two Hundred Dollars ($200.00), and for such other extras as are furnished at the request of such guests, and said innkeeper, hotelkeeper or rooming house keeper shall have the right to detain such baggage and other property until the amount of such charges are paid and such baggage and other property shall be exempt from attachment or execution until such innkeeper's lien and the cost of satisfying it are paid. The innkeeper, boardinghouse or hotelkeeper or rooming house keeper shall retain such baggage and other property upon which he has a lien for a period of ninety (90) days, at the expiration of which time, if the lien is not satisfied, he may sell such baggage and other property at public auction, first giving notice of the time and place of sale by posting at least three notices thereof in public places in the county where the inn or hotel is situated, and also by mailing a copy of such notice addressed to said guest or boarder at the place of residence designated by the register of such inn or hotel. And after satisfying the lien and any costs that may accrue, any residue remaining shall, on demand, within six (6) months, be paid to such guest or boarder, and if not so demanded within six (6) months from date of sale, such residue shall be deposited by such innkeeper with the treasurer of the county; said residue shall be retained by the county treasurer for a period of one (1) year, and if not claimed within that time by the owner thereof, it shall be placed to the credit of the school fund.
Laws 1915, c. 178, § 2.
2023 Oklahoma Statutes › Title 42. Liens › §42-43. Hospital liens in personal injury cases - Priority - Exception.

A. Every hospital in this state, which shall furnish emergency medical or other service to any patient injured by reason of an accident not covered by the Workers' Compensation Code, shall, if such injured party shall assert or maintain a claim against another for damages on account of such injuries, have a lien upon any recovery or sum had or collected or to be collected by such patient, or by his or her heirs, personal representatives or next of kin in the case of his or her death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of such hospital for the treatment, care and maintenance of such patient in such hospital up to the date of payment of such damages. Provided, however, the lien shall be inferior to any lien or claim of any attorney or attorneys for handling the claim on behalf of such patient, his or her heirs or personal representatives; provided, further, that the lien herein set forth shall not be applied or considered valid against any claim for amounts due under the Workers' Compensation Code in this state.
B. In addition to the lien provided for in subsection A of this section, every hospital in this state, which shall furnish emergency medical or other service to any patient injured by reason of an accident not covered by the Workers' Compensation Code, shall have, if the injured person asserts or maintains a claim against an insurer, a lien for the amount due for the emergency medical or other service upon any monies payable by the insurer to the injured person. Provided, however, the lien shall be inferior to any lien or claim of any attorney or attorneys for handling the claim on behalf of such patient, his or her heirs or personal representatives; provided, further, that the lien herein set forth shall not be applied or considered valid against any claim for amounts due under the Workers' Compensation Code in this state.
C. This section shall apply, in medically referred cases, to a medical diagnostic imaging facility not affiliated with a hospital that provides diagnostic imaging that includes, but is not limited to, modalities such as Magnetic Resonance Imaging (MRI), Computed Tomography (CT) and Positron Emission Tomography (PET).
Added by Laws 1969, c. 231, § 1, emerg. eff. April 21, 1969. Amended by Laws 2008, c. 190, § 1, eff. Nov. 1, 2008; Laws 2012, c. 146, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 42. Liens › §42-44. Filing of notice of lien - Enforcement by civil action.

A. No such lien shall be effective unless a written notice containing a statement of the amount claimed, the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received, shall be filed in the office of the county clerk of the county in which such hospital is located, on the mechanic's and materialman's docket, prior to the payment of any monies to such injured person, his attorneys or legal representatives, as compensation for such injuries; nor unless the hospital shall also send, by registered or certified mail postage prepaid, a copy of such notice with a statement of the date of filing thereof to the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries sustained prior to the payment of any monies to such injured person, the injured person's attorneys or legal representatives, as compensation for such injuries. Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm or corporation against such liability, if the name and address shall be known. Such hospital shall also send, by registered or certified mail, a copy of such notice to such patient upon whom emergency medical or other service has been performed, if the name and address of such patient shall be known to the hospital or can with reasonable diligence be ascertained. A copy of said notice shall be mailed to any attorney for the patient, provided that the hospital has notice of the name of such attorney.
B. The liens provided for in this section and Section 43 of this title may be enforced by civil action in the district court of the county where the lien was filed. Such an action shall be brought within one (1) year after the hospital becomes aware of final judgment, settlement or compromise of the claim asserted or maintained by or on behalf of the injured person. The practice, pleading and proceedings in the action shall conform to the rules prescribed by the Oklahoma Pleading Code to the extent applicable.
Added by Laws 1969, c. 231, § 2, emerg. eff. April 21, 1969. Amended by Laws 1978, c. 68, § 1, eff. Oct. 1, 1978; Laws 1994, c. 202, § 1, eff. Sept. 1, 1994; Laws 2018, c. 195, § 1, emerg. eff. May 3, 2018.