Oklahoma Landlord-Tenant Law
The rules for renting in Oklahoma — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Oklahoma
- Security deposit limit
- No statutory cap on the amount of a security deposit. 41 O.S. § 115
- Deposit return deadline
- 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B)
- Notice for unpaid rent
- 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131
- Ending a month-to-month lease
- Month-to-month or tenancy at will: at least 30 days' written notice by either landlord or tenant. Tenancies shorter than month-to-month (e.g., week-to-week): at least 7 days' written notice by either party. 41 O.S. § 111(A), (B), (E)
- Landlord entry notice
- At least 1 day's notice of intent to enter, at reasonable times, for inspections, repairs, services, or showing the unit. No notice needed in an emergency or when impracticable. 41 O.S. § 128; remedies 41 O.S. § 124
- Rent control / increase limits
- No statewide rent cap. Cities are prohibited from enacting, maintaining or enforcing ordinances that set rent on privately owned residential (or commercial) property. 11 O.S. § 14-101.1
Last verified against official sources: 2026-10-22
Security Deposits in Oklahoma
| Security deposit limit | No statutory cap on the amount of a security deposit. § 115 regulates holding and returning deposits but sets no maximum. Deposits must be held in an escrow account in a federally insured institution in Oklahoma; misappropriation is punishable by up to 6 months in county jail and a fine up to twice the amount misappropriated. Source: 41 O.S. § 115 |
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| Deposit return deadline | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. If the tenant does not make a written demand within 6 months after the tenancy ends, the deposit reverts to the landlord and the tenant's interest in it is forfeited. Source: 41 O.S. § 115(B) |
| Itemized deductions | Deductions (accrued rent and damages from tenant noncompliance) must be itemized in a written notice delivered to the tenant by mail with return receipt requested or in person if the tenant can reasonably be found. Unless the lease says otherwise, the tenant may not use the deposit as the last month's rent (§ 115(F)). Source: 41 O.S. § 115(B) |
| Interest on deposits | Not required - the statute says the balance is returned 'without interest'. Source: 41 O.S. § 115(B) |
| Penalty for withholding | If the landlord fails to comply, the tenant may recover the damage/security deposit and any prepaid rent. No statutory double or treble damages. Other damages allowed under the Act are not barred (§ 115(G)). Source: 41 O.S. § 115(E), (G) |
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Eviction in Oklahoma
| Notice for unpaid rent | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. The demand may be given before or after the landlord files the eviction action. Last amended 1995. Source: 41 O.S. § 131 |
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| Notice for lease violations | Material noncompliance: written notice stating a termination date at least 15 days after receipt; tenant has 10 days to remedy, otherwise the lease ends on the stated date. A repeat breach allows immediate termination on written notice. Imminent, irremediable harm or criminal / drug-related activity allows immediate termination by filing forcible entry and detainer. For breaches curable by repair/cleaning, landlord may give 10 days' notice, then do the work and bill the cost as rent (§ 132(A)). Source: 41 O.S. § 132(B)-(D) |
| Lockouts & utility shutoffs | Self-help eviction prohibited in effect: if a landlord wrongfully removes or excludes the tenant, the tenant may recover possession or terminate, and recover the greater of twice the average monthly rent or twice actual damages. If the landlord willfully or negligently cuts essential services, tenant may terminate, buy substitute services and deduct, recover diminished rental value damages, or obtain substitute housing excused from rent. On termination after lockout the landlord must return all recoverable deposits and prepaid unearned rent. § 121(C) source: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71770 Source: 41 O.S. § 123; 41 O.S. § 121(C) |
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Notice to Vacate in Oklahoma
| Ending a month-to-month lease | Month-to-month or tenancy at will: at least 30 days' written notice by either landlord or tenant. Tenancies shorter than month-to-month (e.g., week-to-week): at least 7 days' written notice by either party. Notice must be served personally, or on a resident family member over 12, or by posting plus certified mail (§ 111(E)). Section last amended 2021 (SB 200). Source: 41 O.S. § 111(A), (B), (E) |
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Landlord Entry in Oklahoma
| Landlord entry notice | At least 1 day's notice of intent to enter, at reasonable times, for inspections, repairs, services, or showing the unit. No notice needed in an emergency or when impracticable. For unlawful or harassing entry the tenant may get an injunction or terminate the lease, plus actual damages (41 O.S. § 124, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71773). |
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Repairs & Habitability in Oklahoma
| Repair and deduct | Yes. For a material landlord breach affecting health that can be fixed for no more than one month's rent: tenant gives written notice; if the landlord fails to repair within 14 days (sooner in an emergency), tenant may have the work done and deduct the actual reasonable cost from rent after giving the landlord an itemized statement. Cap: one month's rent. RECENT CHANGE: § 121 was amended by Laws 2022, HB 3409, eff. Nov. 1, 2022 (the official page shows a superseded version). Rights do not apply if the tenant, family, pets or guests caused the condition (§ 121(E)). Source: 41 O.S. § 121(B) |
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| Withholding rent | No general right to withhold rent. Limited rent relief: repair-and-deduct (§ 121(B)); if landlord cuts essential services (heat, water, hot water, electricity, gas), tenant may buy substitute services and deduct the cost, or obtain substitute housing and be excused from rent during the noncompliance (§ 121(C)). Tenant may alternatively terminate: 30 days' notice if a health/safety breach is not fixed within 14 days (§ 121(A)); immediate termination if unit is uninhabitable or an imminent threat (§ 121(D)). Source: 41 O.S. § 121 |
| Retaliation protection | No general anti-retaliation statute. The Oklahoma Residential Landlord and Tenant Act does not protect tenants who complain about conditions or exercise other rights. One narrow exception: a landlord may not deny a tenancy to, or retaliate against, a tenant because the tenant previously ended a rental agreement as a victim of domestic violence, sexual violence or stalking (§ 113.3). Official code not freely readable online at oscn.net; text verified in the Oklahoma Legislature's compiled Title 41 (current through the 2025 session). 2025 bill HB 1083 (anti-retaliation) was only referred to House Civil Judiciary on 02/04/2025 with no further action (https://www.oklegislature.gov/BillInfo.aspx?Bill=HB1083&Session=2500). |
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Rent Increases & Late Fees in Oklahoma
| Rent control / increase limits | No statewide rent cap. Cities are prohibited from enacting, maintaining or enforcing ordinances that set rent on privately owned residential (or commercial) property. Exceptions: city/housing-authority-owned property, agreements setting rent on subsidized units, and properties assisted with federal CDBG funds. Enacted 1988. Source: 11 O.S. § 14-101.1 |
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| Late fees | No statutory cap or grace period. Official code not freely readable online at oscn.net; text verified in the Oklahoma Legislature's compiled Title 41 (current through the 2025 session). Oklahoma courts may refuse to enforce a late charge that works as a penalty rather than a reasonable estimate of the landlord's damages (see Sun Ridge Investors, Ltd. v. Parker, Okla. Sup. Ct.); that opinion is mentioned for context only. |
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Breaking a Lease in Oklahoma
| Ending a lease: domestic violence | A victim of domestic violence, sexual violence, or stalking may end a lease without penalty by giving the landlord written notice and a protective order within 30 days of the incident, unless the landlord waives that time limit. A landlord may not deny, refuse to renew, or end a tenancy because the applicant, tenant, or a household member is a victim or alleged victim, with or without a protective order. A landlord also may not refuse to rent to, or retaliate against, someone because they previously ended a lease as a victim. Both added by Laws 2021, SB 200, effective Nov. 1, 2021. § 113.3: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=489296. The statute does not say how much rent, if any, is owed after notice. A protective order is required documentation. |
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| Ending a lease: military, medical, death | Title 41 has no state-law early termination right for military service (beyond federal SCRA), medical reasons, disability, seniors, or tenant death. For a deceased sole tenant, § 130.1 covers only handling of property and refund of the deposit to the designated contact. Title 44 (military) was not searched for a lease-termination provision. |
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Squatters & Abandoned Property in Oklahoma
| Squatters / unauthorized occupants | Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. Laws 2024, SB 1994, c. 378, emergency effective June 5, 2024. The procedure may not be used to get around Title 41 landlord-tenant rights (21 O.S. § 1357, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=496081). § 1355: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=496076; § 1356: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=496080; 41 O.S. § 111(G): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71758. |
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| Belongings left behind | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. Deceased sole tenant: the landlord may remove and store the property, must release it to the tenant's designated contact or another lawful claimant, and may discard it if a certified-mail request goes unanswered for 30 days (41 O.S. § 130.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446704). Source: 41 O.S. § 130 |
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Rental Fees in Oklahoma
| Application / screening fees | No statute. The Oklahoma Residential Landlord and Tenant Act has no cap or refund rule for application or screening fees. Based on the official section index of Title 41. |
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| Other rental fees | No statute. Title 41 has no limits on move-in, convenience, or other rental fees and no fee-disclosure rule. |
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Section 8, Records & Right to Counsel in Oklahoma
| Section 8 / source of income | No. Oklahoma's fair housing law protects race, color, religion, gender, national origin, age, familial status, and disability. It does not cover source of income or voucher use. Whether any Oklahoma city has a local source-of-income ordinance was not checked. Source: 25 O.S. § 1452(A) |
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| Eviction record sealing | No statute. Oklahoma's forcible entry and detainer statutes have no provision for sealing or expunging eviction records. Based on the section index of the Title 12 forcible entry and detainer chapter. Court rules were not checked. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. Absence based on the section indexes only. |
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Mold, Pests, Heat & AC in Oklahoma
| Mold | No statute — general habitability/repair duty applies. Oklahoma has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must '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.' Tenant remedies for a landlord's failure to repair are in § 121. The only contamination disclosure in the Act concerns prior methamphetamine manufacture (§ 118(C)). Local codes may address mold. Source: 41 O.S. § 118(A)(2) |
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| Pests & bed bugs | No statute — no bed-bug or pest-specific law. The landlord must keep the unit fit and habitable and (except single-family residences) keep common areas clean, safe and sanitary; the tenant must keep the occupied part of the premises as safe, clean and sanitary as its condition permits and dispose of garbage in a safe, clean and sanitary manner. No state bed-bug disclosure or inspection rule; responsibility for treatment generally depends on the lease and on whether the tenant caused the problem. |
| Heat | Yes, except in single-family residences or where service comes through direct, independently metered utility connections to the unit: the landlord must supply 'reasonable heat' and running and hot water, and must keep landlord-supplied heating facilities in good and safe working order. No statewide minimum temperature or heating season. If the landlord willfully or negligently fails to supply heat, after written notice the tenant may terminate, procure heat and deduct the cost from rent, recover diminished rental value, or obtain substitute housing and be excused from rent. Local codes may set specific temperatures. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If supplied by the landlord, air-conditioning must be maintained in good and safe working order. Source: 41 O.S. § 118(A)(3) |
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Privacy, Guests & Animals in Oklahoma
| Cameras & privacy | No landlord-specific statute. Using photographic, electronic or video equipment in a clandestine manner for an illegal, illegitimate, prurient or lewd purpose to view a person without knowledge and consent where there is a reasonable expectation of privacy is a felony (Peeping Tom); loitering near a residence to watch someone clandestinely is a misdemeanor. Intercepting oral, wire or electronic communications is a felony unless the person is a party or one party consented (one-party consent). § 1171 was amended by Laws 2025, c. 486 (felony classification as Class D1), effective January 1, 2026. Wiretap statute: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os13.pdf. Landlord entry requires one day's notice except emergencies (41 O.S. § 128). |
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| Guests & occupants | A rental agreement may impose reasonable limits on use by a tenant or occupant. A landlord may demand in writing that an occupant who breaches a lease condition leave; an occupant who wrongfully fails to leave within a reasonable time commits trespass (fine up to $500 and/or up to 30 days in jail). An occupancy limit of two persons per bedroom is presumed reasonable, but does not apply to children born to the tenants during the lease. An occupant with no rental agreement whom the landlord has not accepted as a tenant may be told to leave without an eviction case. Tenants are responsible for conduct of guests that disturbs other tenants and for guests' drug-related criminal activity (§ 127(6), (8)). Federal fair-housing familial-status rules still apply to occupancy limits. Source: 41 O.S. §§ 117(B)-(C), 111(G) |
| Service & support animals (state law) | Oklahoma defines 'assistance animal' to include service animals and emotional support animals. Unless the disability or need is readily apparent, the landlord may request reliable documentation verifying the disability under the Fair Housing Act, describing the accommodation, and showing the link between the disability and the need, and may independently verify it. Documentation acquired through purchase or exchange of funds for goods and services is presumed fraudulent. A landlord is not liable for injuries caused by an assistance animal allowed as an accommodation. If a tenant obtains an accommodation by knowingly false claim or fraudulent documentation, the landlord may use the Act's noncompliance remedies, and a prevailing landlord in eviction may recover costs, fees and damages up to $1,000. A landlord may not deny or end a tenancy because of a guide, signal or service dog. § 113.2 effective November 1, 2018. No state statute on pet fees for assistance animals; under federal fair-housing rules, pet deposits or fees generally cannot be charged for an assistance animal. Source: 41 O.S. §§ 113.2, 113.1 |
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How eviction works in Oklahoma
Eviction cases are heard in: District Court (forcible entry and detainer; often heard on the small claims docket).
- Notice: 5-day demand for rent (41 O.S. § 131) or 15/10-day breach notice (§ 132), or 30-day notice for month-to-month (§ 111)
- File forcible entry and detainer petition in district court (12 O.S. § 1148.1)
- Summons issued setting appearance date 5 to 10 days after issuance; must be served at least 3 days before trial (12 O.S. §§ 1148.4, 1148.5)
- Trial / hearing; tenant may answer at or before trial (12 O.S. § 1148.6)
- Judgment for possession, rent, costs and attorney fee
- Writ of execution issued to the county sheriff directing removal 'forthwith'; motion for new trial within 3 days does not stay execution (12 O.S. § 1148.10)
- Removal by sheriff
Appearance/trial date not less than 5 nor more than 10 days after summons issues; service at least 3 days before trial.
Source: 12 O.S. §§ 1148.1, 1148.4, 1148.5, 1148.10
What surprises people about Oklahoma rental law
- Tenant must make a WRITTEN demand for the deposit; if no demand within 6 months of move-out, the deposit is forfeited to the landlord (41 O.S. § 115(B))
- Security deposits must be held in an Oklahoma escrow account; misappropriation is a crime (41 O.S. § 115(A))
- Oklahoma has no anti-retaliation statute for residential tenants (41 O.S. §§ 101-136)
- Repair-and-deduct cap was raised by the 2022 amendment to one month's rent (41 O.S. § 121, Laws 2022 HB 3409)
- Eviction hearings are set very fast: 5-10 days after the summons issues (12 O.S. § 1148.4)
- Cities may not adopt rent control (11 O.S. § 14-101.1)
Federal law that also applies in Oklahoma
These federal rules apply on top of Oklahoma law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Oklahoma
These cities add their own tenant protections on top of state law:
Eviction by county in Oklahoma
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Oklahoma County (Oklahoma City)
- Eviction in Tulsa County (Tulsa)
- Eviction in Cleveland County (Norman, Moore)
For landlords
How to evict a tenant in Oklahoma — steps, cost, timeline and forms.
Common Oklahoma questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Oklahoma compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 |
| Arkansas | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304 | Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305 | For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304 |
| Colorado | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106 | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249) | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4) |
| Kansas | Unfurnished unit: one month's rent. Furnished: 1.5 months' rent. If pets are allowed, an additional pet deposit of up to one-half month's rent. K.S.A. 58-2550(a) | Balance due within 14 days after the landlord determines deductions, and in no event more than 30 days after termination of tenancy, delivery of possession and the tenant's demand. If the tenant makes no demand within 30 days, the landlord must mail the amount due to the tenant's last known address. K.S.A. 58-2550(b) | 3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. K.S.A. 58-2564(b); K.S.A. 61-3803 |
| Missouri | Landlord may not demand or receive a security deposit of more than two months' rent. RSMo 535.300.1 | Within 30 days after the tenancy ends, the landlord must return the full deposit or send an itemized list of damages along with any remaining balance. Mailing to the tenant's last known address satisfies the duty. RSMo 535.300.3 | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 |
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D) |
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) |
Oklahoma landlord-tenant FAQ
How much can a landlord charge for a security deposit in Oklahoma?
No statutory cap on the amount of a security deposit. (41 O.S. § 115)
How long does a landlord have to return a security deposit in Oklahoma?
45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. (41 O.S. § 115(B))
Does a landlord have to pay interest on a security deposit in Oklahoma?
Not required - the statute says the balance is returned 'without interest'. (41 O.S. § 115(B))
Does a landlord in Oklahoma have to give an itemized list of deposit deductions?
Deductions (accrued rent and damages from tenant noncompliance) must be itemized in a written notice delivered to the tenant by mail with return receipt requested or in person if the tenant can reasonably be found. (41 O.S. § 115(B))
What happens if a landlord in Oklahoma wrongfully keeps a security deposit?
If the landlord fails to comply, the tenant may recover the damage/security deposit and any prepaid rent. No statutory double or treble damages. (41 O.S. § 115(E), (G))
How much notice does a landlord have to give before evicting for unpaid rent in Oklahoma?
5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. (41 O.S. § 131)
How much notice is required to evict for a lease violation in Oklahoma?
Material noncompliance: written notice stating a termination date at least 15 days after receipt; tenant has 10 days to remedy, otherwise the lease ends on the stated date. A repeat breach allows immediate termination on written notice. Imminent, irremediable harm or criminal / drug-related activity allows immediate termination by filing forcible entry and detainer. (41 O.S. § 132(B)-(D))
How much notice is needed to end a month-to-month lease in Oklahoma?
Month-to-month or tenancy at will: at least 30 days' written notice by either landlord or tenant. Tenancies shorter than month-to-month (e.g., week-to-week): at least 7 days' written notice by either party. (41 O.S. § 111(A), (B), (E))
Can a landlord enter without notice in Oklahoma?
At least 1 day's notice of intent to enter, at reasonable times, for inspections, repairs, services, or showing the unit. No notice needed in an emergency or when impracticable. (41 O.S. § 128; remedies 41 O.S. § 124)
Is there a limit on late fees in Oklahoma?
No statutory cap or grace period. (No late-fee section in 41 O.S. §§ 101-136 (full text checked))
Can a tenant repair and deduct from rent in Oklahoma?
Yes. For a material landlord breach affecting health that can be fixed for no more than one month's rent: tenant gives written notice; if the landlord fails to repair within 14 days (sooner in an emergency), tenant may have the work done and deduct the actual reasonable cost from rent after giving the landlord an itemized statement. Cap: one month's rent. (41 O.S. § 121(B))
Can a tenant withhold rent for repairs in Oklahoma?
No general right to withhold rent. Limited rent relief: repair-and-deduct (§ 121(B)); if landlord cuts essential services (heat, water, hot water, electricity, gas), tenant may buy substitute services and deduct the cost, or obtain substitute housing and be excused from rent during the noncompliance (§ 121(C)). (41 O.S. § 121)
Can a landlord retaliate against a tenant for complaining in Oklahoma?
No general anti-retaliation statute. The Oklahoma Residential Landlord and Tenant Act does not protect tenants who complain about conditions or exercise other rights. One narrow exception: a landlord may not deny a tenancy to, or retaliate against, a tenant because the tenant previously ended a rental agreement as a victim of domestic violence, sexual violence or stalking (§ 113.3). (41 O.S. §§ 101-136 (no general retaliation section); 41 O.S. § 113.3)
Is there rent control or a limit on rent increases in Oklahoma?
No statewide rent cap. Cities are prohibited from enacting, maintaining or enforcing ordinances that set rent on privately owned residential (or commercial) property. (11 O.S. § 14-101.1)
Can a landlord change the locks or shut off utilities in Oklahoma?
Self-help eviction prohibited in effect: if a landlord wrongfully removes or excludes the tenant, the tenant may recover possession or terminate, and recover the greater of twice the average monthly rent or twice actual damages. If the landlord willfully or negligently cuts essential services, tenant may terminate, buy substitute services and deduct, recover diminished rental value damages, or obtain substitute housing excused from rent. (41 O.S. § 123; 41 O.S. § 121(C))
What is the small claims court limit in Oklahoma for a deposit dispute?
$10,000 (12 O.S. § 1751(A))
How do you remove a squatter in Oklahoma?
Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. (21 O.S. §§ 1354-1357; 41 O.S. § 111(G))
What can a landlord do with a tenant's abandoned property in Oklahoma?
Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. (41 O.S. § 130)
Is there a limit on rental application fees in Oklahoma?
No statute. The Oklahoma Residential Landlord and Tenant Act has no cap or refund rule for application or screening fees. (41 O.S. §§ 101-136 (no application-fee section))
What rental fees are banned or limited in Oklahoma?
No statute. Title 41 has no limits on move-in, convenience, or other rental fees and no fee-disclosure rule. (41 O.S. §§ 101-136 (no fee section))
Can a domestic violence survivor break a lease in Oklahoma?
A victim of domestic violence, sexual violence, or stalking may end a lease without penalty by giving the landlord written notice and a protective order within 30 days of the incident, unless the landlord waives that time limit. A landlord may not deny, refuse to renew, or end a tenancy because the applicant, tenant, or a household member is a victim or alleged victim, with or without a protective order. A landlord also may not refuse to rent to, or retaliate against, someone because they previously ended a lease as a victim. (41 O.S. § 111(F); 41 O.S. § 113.3)
When can a tenant break a lease without penalty in Oklahoma?
Title 41 has no state-law early termination right for military service (beyond federal SCRA), medical reasons, disability, seniors, or tenant death. For a deceased sole tenant, § 130.1 covers only handling of property and refund of the deposit to the designated contact. (41 O.S. §§ 101-136; 41 O.S. § 130.1)
Can an eviction record be sealed or removed in Oklahoma?
No statute. Oklahoma's forcible entry and detainer statutes have no provision for sealing or expunging eviction records. (12 O.S. §§ 1148.1-1148.16 (no sealing provision))
Can a landlord refuse Section 8 vouchers in Oklahoma?
No. Oklahoma's fair housing law protects race, color, religion, gender, national origin, age, familial status, and disability. It does not cover source of income or voucher use. (25 O.S. § 1452(A))
Do tenants have a right to a free lawyer in eviction cases in Oklahoma?
No statewide right to counsel in eviction cases. (12 O.S. §§ 1148.1-1148.16; 41 O.S. §§ 101-136 (no counsel provision))
What does a Oklahoma notice to pay rent or quit have to include?
A written demand for payment. If rent is not paid within 5 days after the notice, the landlord may end the rental agreement. The demand counts as a demand for possession, so no separate notice to quit is needed. It may be given before or after the landlord files suit. No required wording is set out. Service of written termination notices under the Act: personally on the tenant; if the tenant cannot be found, to a family member over 12 living with the tenant; otherwise by posting at a conspicuous place on the unit plus mailing a copy by certified mail or through the Postal Service's Firm Mailing Book for Accountable Mail. (41 O.S. § 131(B); 41 O.S. § 111(E))
What does a Oklahoma notice to end a month-to-month tenancy have to include?
Month-to-month or at-will: written notice at least 30 days before the termination date, counted from the date of service. Tenancies shorter than month-to-month: at least 7 days. Service on the tenant: personally; if the tenant cannot be found, to a resident family member over 12; otherwise by posting at a conspicuous place on the unit plus a copy by certified mail or Firm Mailing Book. A tenant who cannot personally serve the landlord mails the notice by certified mail. Willful holdover: up to twice the average monthly rent, prorated daily. (41 O.S. § 111(A), (B), (D), (E))
What must a Oklahoma security deposit itemization include?
Deductions for accrued rent and for damages from the tenant's noncompliance must be listed in an itemized written statement. The statement is delivered either by mail with return receipt requested, signed for by someone of statutory service age at the address, or in person if the tenant can reasonably be found. The balance is returned without interest within 45 days after the tenancy ends, possession is delivered, and the tenant makes a written demand. If the tenant makes no written demand within 6 months after the tenancy ends, the deposit reverts to the landlord. (41 O.S. § 115(B), (E))
How long does a landlord have to sue for unpaid rent in Oklahoma?
Written lease: 5 years. Oral lease: 3 years. (12 O.S. § 95(A)(1)-(2))
Can a landlord accept rent during an eviction in Oklahoma?
No statute — the Oklahoma Residential Landlord and Tenant Act has no rule on whether accepting rent after a breach or notice waives the landlord's right to evict; the lease and Oklahoma case law govern. The Act does say a rental agreement cannot make either party waive rights or remedies under the Act (§ 113(A)(1)), and a 5-day demand for past-due rent counts as a demand for possession and may be given before or after the landlord sues (§ 131(B)). (41 O.S. §§ 101-136 checked, incl. §§ 109, 113, 131, 132)
Can you be evicted in the winter in Oklahoma?
No statute — no section of the Oklahoma Residential Landlord and Tenant Act (41 O.S. §§ 101-136) or the forcible entry and detainer statutes (12 O.S. § 1148.1 et seq.) addresses winter or cold-weather limits on evictions. (41 O.S. §§ 101-136 (full text) and 12 O.S. §§ 1148.1-1148.16 (section index) checked)
Can a landlord give notice by text or email in Oklahoma?
Written termination notices under the Act must be served on the tenant personally. If the tenant cannot be found, the notice may be given to a family member over age 12 who lives with the tenant. Failing that, it may be posted conspicuously on the unit and also mailed by certified mail (or through the Postal Service's Firm Mailing Book for Accountable Mail). Notices to the landlord go to the person designated under § 116, personally or by certified mail. No statute addresses email or text notices. (41 O.S. § 111(E))
How much notice is required for a rent increase in Oklahoma?
No statute — Oklahoma law sets no advance-notice period or cap for rent increases. § 109 only says rent is payable at the time and place agreed (or, by default, at the start of each month). During a lease, rent can change only as the lease allows; in a month-to-month tenancy the landlord can change terms by ending the tenancy with 30 days' written notice (7 days for tenancies shorter than month-to-month) under § 111. (41 O.S. §§ 109, 111)
Does a landlord have to give a copy of the lease in Oklahoma?
No requirement to give the tenant a copy of the lease was identified. Every rental agreement must state prominently, in writing, who is entitled to accept service and notices, and at what address. At or before move-in, the landlord must disclose in writing the name and address of the manager, the owner, or the owner's agent for service and notices, and keep it current. A person who fails to do so becomes a landlord and agent for service and for the landlord's obligations. (41 O.S. § 116)
What are tenants' rights in a foreclosure in Oklahoma?
No foreclosure-specific statute. The Act's general rule for any end of the owner's interest (sale, assignment, death, bankruptcy, receivership or otherwise) applies: rent paid to the old owner before the tenant gets written notice of the transfer counts against the new owner; after written notice, the tenant pays future rent to the successor, who is liable for the landlord's obligations under the rental agreement and the Act (§ 119). Alienees of landlords have the same rights and duties as the landlord (§ 114). The federal Protecting Tenants at Foreclosure Act also applies (90-day notice; existing leases honored with limited exceptions). (41 O.S. §§ 114, 119; 12 U.S.C. § 5220 note (PTFA))
Does a landlord have to fix mold in Oklahoma?
No statute — general habitability/repair duty applies. Oklahoma has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must '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.' (41 O.S. § 118(A)(2))
Who pays for pest control and bed bugs in Oklahoma?
No statute — no bed-bug or pest-specific law. The landlord must keep the unit fit and habitable and (except single-family residences) keep common areas clean, safe and sanitary; the tenant must keep the occupied part of the premises as safe, clean and sanitary as its condition permits and dispose of garbage in a safe, clean and sanitary manner. (41 O.S. §§ 118(A)(1)-(2), 127(1)-(2))
Does a landlord have to provide heat in Oklahoma?
Yes, except in single-family residences or where service comes through direct, independently metered utility connections to the unit: the landlord must supply 'reasonable heat' and running and hot water, and must keep landlord-supplied heating facilities in good and safe working order. No statewide minimum temperature or heating season. If the landlord willfully or negligently fails to supply heat, after written notice the tenant may terminate, procure heat and deduct the cost from rent, recover diminished rental value, or obtain substitute housing and be excused from rent. (41 O.S. §§ 118(A)(3), (A)(5), 121(C))
Does a landlord have to provide air conditioning in Oklahoma?
No state requirement to provide air conditioning or a maximum indoor temperature. If supplied by the landlord, air-conditioning must be maintained in good and safe working order. (41 O.S. § 118(A)(3))
What can a landlord deduct from a deposit for cleaning or damage in Oklahoma?
Not defined by statute. The deposit may be applied to accrued rent and damages the landlord suffered because of the tenant's noncompliance with the Act and the rental agreement (e.g., the tenant's duty not to deliberately or negligently damage the premises or let any person or pet do so), itemized in a written statement. The balance must be returned within 45 days after termination, delivery of possession and the tenant's written demand. (41 O.S. §§ 115(B), 127(5))
Can a landlord put cameras in or around a rental in Oklahoma?
No landlord-specific statute. Using photographic, electronic or video equipment in a clandestine manner for an illegal, illegitimate, prurient or lewd purpose to view a person without knowledge and consent where there is a reasonable expectation of privacy is a felony (Peeping Tom); loitering near a residence to watch someone clandestinely is a misdemeanor. Intercepting oral, wire or electronic communications is a felony unless the person is a party or one party consented (one-party consent). (21 O.S. § 1171; 13 O.S. §§ 176.3, 176.4(5))
Can a landlord limit guests or roommates in Oklahoma?
A rental agreement may impose reasonable limits on use by a tenant or occupant. A landlord may demand in writing that an occupant who breaches a lease condition leave; an occupant who wrongfully fails to leave within a reasonable time commits trespass (fine up to $500 and/or up to 30 days in jail). An occupancy limit of two persons per bedroom is presumed reasonable, but does not apply to children born to the tenants during the lease. An occupant with no rental agreement whom the landlord has not accepted as a tenant may be told to leave without an eviction case. (41 O.S. §§ 117(B)-(C), 111(G))
Can a landlord deny a service or emotional support animal in Oklahoma?
Oklahoma defines 'assistance animal' to include service animals and emotional support animals. Unless the disability or need is readily apparent, the landlord may request reliable documentation verifying the disability under the Fair Housing Act, describing the accommodation, and showing the link between the disability and the need, and may independently verify it. Documentation acquired through purchase or exchange of funds for goods and services is presumed fraudulent. A landlord is not liable for injuries caused by an assistance animal allowed as an accommodation. If a tenant obtains an accommodation by knowingly false claim or fraudulent documentation, the landlord may use the Act's noncompliance remedies, and a prevailing landlord in eviction may recover costs, fees and damages up to $1,000. A landlord may not deny or end a tenancy because of a guide, signal or service dog. (41 O.S. §§ 113.2, 113.1)
Official resources for Oklahoma
- OSCN - Title 41 Residential Landlord and Tenant Act (index)
- OSCN - Title 12 (Forcible Entry and Detainer, Small Claims) index
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.