Title 41, Title 41 — Landlord and Tenant

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.

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.

This act shall be known and may be cited as the "Oklahoma Residential Landlord and Tenant Act". Added by Laws 1978, c. 257, § 1, eff. Oct. 1, 1978.

Unless the context otherwise requires: 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" me…

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 in…

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 servic…

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 act…

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. Added by Laws 1978, c. 257, § 6, eff. Oct. 1, 1978.

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.

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 …

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 re…

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 u…

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.

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) da…

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 dis…

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 t…

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 Novemb…

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 disabil…

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 la…

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 …

Alienees of landlords and tenants shall have the same legal rights, obligations and remedies as their principals. Added by Laws 1978, c. 257, § 14, eff. Oct. 1, 1978.

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 unla…

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 agr…

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…

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 a…

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…

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, …

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 r…

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 th…

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 mem…

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 i…

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 co…

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.

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, s…

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…

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 …

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 aban…

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.

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 …

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 …

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 s…

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…

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 t…

A landlord lien may be enforced as any other general lien as provided in Section 91 of Title 42 of the Oklahoma Statutes. Added by Laws 1978, c. 257, § 34, eff. Oct. 1, 1978.

This act shall be liberally construed and applied to promote and effectuate its underlying purposes and policies. Added by Laws 1978, c. 257, § 37, eff. Oct. 1, 1978.

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 identify…

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.

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.

Rents from lands granted for life or lives may be recovered as other rents. R.L. 1910, § 3799.

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.