An Oklahoma residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all residential lease agreements in Oklahoma:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Flooding | Units Flooded Within Past 5 Years |
| Meth | All Potentially Contaminated Units |
| Lead Paint | All Units Built Before 1978 |
Applicable to all Oklahoma rentals.
Oklahoma leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
Applicable to any Oklahoma rental which has flooded in the past five years.
Oklahoma landlords must include lease disclosure when renting any properties which have flooded by an overflow of a lake, stream, river, creek or other inland water within the past five years. [2]
This is an example of a flooding disclosure:
FLOODING. This property has experienced flooding in the past 5 years and may be subject to future flooding. Tenant agrees to accept the risk of tenancy by signing this lease agreement.
Applicable to any Oklahoma rental where the landlord is aware of potential methamphetamine contamination.
Oklahoma requires disclosure of any knowledge relating to methamphetamine contamination on the rental property. The disclosure requirement applies until the landlord has an assessment that certifies levels of contamination below one-tenth of one microgram (0.1 mcg) per 100 square centimeters of surface material. [3]
This is an example of a methamphetamine contamination disclosure:
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property has:
[ ] Been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] No suspicion of contamination
Applicable to any Oklahoma rentals built before 1978.
For any property built before 1978, federal law requires that a STATE residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Oklahoma law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Oklahoma only requires that late fees be “reasonable.” Returned check have a $25 cap. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Oklahoma landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Oklahoma cities, like Oklahoma City , have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
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.
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.
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.
How Long Can a Residential Lease Be in Oklahoma? Depending on circumstances, in Oklahoma it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Oklahoma? Yes, a contract to lease is legally binding in Oklahoma. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Oklahoma? No, lease agreements do not need to be notarized in Oklahoma. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Oklahoma? Yes, a lease can automatically renew in Oklahoma. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
