An Oklahoma lease agreement is a legal document that outlines the terms and conditions of a commercial or residential property lease in Oklahoma.
The main contractual parties to the lease agreement are the landlord (lessor) and the tenant (lessee). The landlord's main duty is to allow the tenant to use the leased property without being disturbed. In return, the tenant is obliged to pay the rent before the due date provided in the lease agreement.
The tenant usually submits the rental application to the landlord before they start the lease agreement negotiations. The rental application contains all the relevant information about the prospective tenant. The landlord can additionally do the credit and background check for the tenant.
If everything is in order, they start negotiating the terms and draft the lease agreement.
Oklahoma Lease Agreement Required Disclosures
If you are drafting the lease agreement for the property located in Oklahoma, there are a few disclosures you must include, such as:
Lead-based paint disclosure. The landlord must include the lead-based paint disclosure for any leased property built before 1978. It must contain information about any lead-based paint hazards in the property's construction. (42 USC 4852d)
Flood hazard disclosure. If the landlord knows that the leased unit has been flooded in the last five years, they must disclose it in the lease agreement. Otherwise, the tenant can sue the landlord and recover compensation for any damage caused by the flooding. (§ 41-113a)
Owner and manager identity disclosure. Before the tenancy starts, the landlord must disclose the names and addresses of the property owner and manager to the tenant. If applicable, the landlord shall also disclose the name and address of the person authorized to represent the owner to receive the notices and demands from the tenant. (§ 41.116)
Methamphetamine contamination disclosure. Suppose the level of methamphetamine contamination at the leased property is higher than 1/10 of one microgram (0.1 mcg) per one hundred square centimeters (100 cm2). In that case, the landlord must disclose this information to the tenant before the lease term starts. (§ 41.118c)
Oklahoma Lease Agreement Optional Disclosures
Other than the mandatory disclosures, there are a few optional disclosures you should include in your lease agreement, such as:
Mold disclosure. The landlord shall inform the tenant of the mold status at the property. This will limit the landlord's liability for any potential mold damage caused to the tenant.
Non-refundable fee disclosure. The tenant shall be informed in the lease agreement about any fees that will not be refunded to them after the lease term is over. Otherwise, the tenant can claim any fee not explicitly mentioned in the lease agreement.
Shared utilities disclosure. This disclosure should be included in the lease agreement if multiple dwelling units share one electricity, gas, or water meter. It should inform the tenant about the formula for calculating the portion of the utility bill that they should pay.
Consequences of Non-Disclosure
The landlord can be fined up to $19,507 for not disclosing the lead-based paint hazard in the lease agreement. (24 CFR § 30.65)
Additionally, the tenant can file a civil lawsuit against the landlord for any damages caused by the health and safety hazards not properly disclosed in the lease agreement.
Oklahoma Lease Agreement Security Deposits
Security Deposit Maximum
Oklahoma statutes don't provide a security deposit maximum. The landlord and the tenant shall then provide the security deposit amount if they wish to include it in their lease arrangement.
Security Deposit Return
After the lease term is over and the tenant gives possession of the leased unit, they must send a written request to the landlord to return the security deposit.
The landlord then has 45 days to return the deposit, or any remaining amount, with a list of all deductions that were made.
If the tenant fails to send the request for returning the security deposit within 6 months, the landlord can keep the deposit. (§ 41.115(B))
When is Rent Due in Oklahoma? (Grace Period)
The rent is payable on the due date agreed upon between the landlord and the tenant and inserted in the lease agreement.
Oklahoma state doesn’t provide any grace period for the rent payment.
If the rent is not paid by the date provided in the lease agreement, the landlord can start the eviction process after sending a 5-day notice to pay or quit and charge the late fee.
Oklahoma Rent Late Fees
No late fee limits are provided by state laws and regulations. That means that the landlord can charge any reasonable late fee amount. Therefore, the landlord and the tenant must define a reasonable late fee when drafting the lease agreement.
Any late fee not disclosed in the lease agreement cannot be legally charged to the tenant.
Oklahoma NSF Checks
There are no provided NSF fees for bad checks in Oklahoma.
However, the lease agreement may define the processing fee if the tenant uses a worthless check for the rent payment.
Oklahoma Landlord’s Right to Enter
The landlord can access the leased unit to make the necessary repairs, inspect the dwelling unit, provide the necessary or agreed services, or show the unit to prospective tenants or buyers.
The landlord must give the tenant at least one day's notice before entering the leased unit. The landlord must also limit the visit only to reasonable times.
These limitations will not apply in case of an emergency.
Oklahoma Lease Agreement FAQ
Yes, the lease agreement is a legally binding contract in Oklahoma.
The moment the landlord and the tenant sign the lease agreement, it is considered to be the moment it becomes binding for both.
If you are drafting the Oklahoma lease agreement, you should follow the structure below:
Names and addresses of contractual parties
Details about the leased unit
Rent amount and the due date
Security deposit amount
Late and Non-refundable fees disclosure (if applicable)
Mandatory discloses provided by federal and state laws
Details about the lease agreement termination
Place and date of the lease agreement signature
Signatures of contractual parties
The best way to get your lease agreement for the property located in Oklahoma is to download one of the templates from our website.
Based on the lease duration and type, you can choose between:
Commercial and Residential lease agreement
Long-term lease or month-to-month rental agreement
Sublease or Room rental agreement
Rent-to-Own lease agreement
Upon creating the lease agreement, you should inspect the property and sign the move-in form.
After that, the tenant can pay the first month’s rent and security deposit, and the landlord shall hand over the keys and enable the tenant to access the property.