Oklahoma Statutes: Landlord-Tenant Rights and Responsibilities, Damages and Termination, Lecture notes of Remedies

Download Oklahoma Statutes: Landlord-Tenant Rights and Responsibilities, Damages and Termination and more Lecture notes Remedies in PDF only on Docsity! OKLAHOMA STATUTES TITLE 41. LANDLORD AND TENANT §41-1. Who deemed tenant at will.........................................................................................................3 §41-2. Tenant holding over as tenant at will - Expiration of unwritten contract....................................3 §41-3. Tenant holds from one period to another, when.........................................................................3 §41-4. Time of notice to terminate tenancy...........................................................................................3 §41-5. Termination of tenancy from year to year...................................................................................3 §41-6. Notice to quit where rent not paid..............................................................................................3 §41-7. Notice when rent not paid under tenancy for less than three (3) months.................................4 §41-8. Notice to quit not required, when...............................................................................................4 §41-9. Service of notice - Termination of tenancy..................................................................................4 §41-10. Tenant may not assign, when....................................................................................................4 §41-11. Landlord may reenter after unauthorized assignment..............................................................4 §41-12. Attornment unnecessary to conveyance...................................................................................5 §41-13. Attornment to stranger void......................................................................................................5 §41-14. Rights of sublessees...................................................................................................................5 §41-15. Rights of alienees of lessors and lessees...................................................................................5 §41-16. Rents from life grants.................................................................................................................5 §41-17. Recovery of arrears of rent from life grants after death............................................................5 §41-18. Rights and liabilities of executors and administrators...............................................................5 §41-19. Occupants without contract liable for rent................................................................................6 §41-20. Contribution by joint tenants.....................................................................................................6 §41-21. Joint tenant may recover his share of rents...............................................................................6 §41-22. Recovery for waste or trespass by remainderman....................................................................6 §41-23. Farm rent lien on crop................................................................................................................6 §41-24. Crop rent....................................................................................................................................6 §41-25. Repealed by Laws 2002, c. 460, § 46, eff. Nov. 1, 2002.............................................................6 §41-26. Purchaser of crop with notice liable for rent.............................................................................6 §41-27. Landlord may have attachment, when......................................................................................7 §41-28. Attachment for rent lien on crops..............................................................................................7 §41-29. Repealed by Laws 1970, c. 107, § 1, emerg. eff. April 1, 1970...................................................7 §41-30. Taxation of improvements.........................................................................................................7 §41-31. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................7 §41-32. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................7 §41-33. Lease presumed to be for one year............................................................................................7 §41-34. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................8 §41-35. Continued possession renews the lease, when.........................................................................8 §41-36. Renewal of lease presumed unless notice of termination given...............................................8 §41-37. Rent payable, when....................................................................................................................8 §41-38. Duty of tenant in case of proceedings.......................................................................................8 §41-39. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................8 §41-40. Forfeiture of lease - Release from record - Penalty...................................................................8 §41-41. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................9 §41-42. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................9 §41-43. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978..............................................................9 §41-51. Abandonment or surrender of nonresidential rental property - Definitions............................9 §41-52. Abandonment or surrender of nonresidential rental property - Disposition of personal property of tenant - Notice - Storage costs - Liability of landlord - Application of proceeds of sale....9 §41-61. Computation of time................................................................................................................11 §41-71. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-72. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-73. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-74. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-75. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-76. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-77. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939...............................................12 §41-101. Short title...............................................................................................................................12 §41-102. Definitions..............................................................................................................................12 §41-103. Application of act...................................................................................................................14 §41-104. Arrangements not covered by act.........................................................................................14 §41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement............................15 §41-106. Settlement of claim................................................................................................................15 §41-107. Good faith performance or enforcement..............................................................................15 §41-108. Beneficial owner to maintain premises.................................................................................15 §41-109. Rent........................................................................................................................................15 §41-110. Term of tenancy.....................................................................................................................16 §41-111. Termination of tenancy..........................................................................................................16 §41-112. Duties of parties upon termination of tenancy......................................................................17 §41-113. Rental agreements.................................................................................................................17 §41-113.1. Denial or termination of tenancy because of guide, signal or service dog........................18 §41-113.2. Assistance animal – Reasonable housing accommodation request...................................18 §41-113a. Disclosure of flood or flooding problems in rental agreement...........................................19 §41-114. Alienees - Rights, obligations and remedies..........................................................................19 §41-115. Damage or security deposits.................................................................................................19 §41-116. Person to accept service or notice - Identity of owner and manager - Failure to comply with section.................................................................................................................................................20 §41-117. Commencement of tenancy - Delivery of possession - Wrongful possession - Limitations on use - Rights regarding occupants - Reasonable occupancy limitation................................................21 §41-118. Duties of landlord and tenant................................................................................................22 §41-119. Conveyance of property - Attornment of tenant...................................................................22 §41-120. Failure of landlord to deliver possession of dwelling unit to tenant.....................................23 §41-121. Landlord's breach of rental agreement - Deductions from rent for repairs - Failure to supply heat, water or other essential services - Habitability of dwelling unit...............................................24 §41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.............................25 §41-123. Wrongful removal or exclusion from dwelling unit...............................................................25 §41-124. Damages for unlawful entry, lawful entry in unreasonable manner harassment - Limitation on remedies.........................................................................................................................................26 §41-125. Defective condition of premises - Report to landlord...........................................................26 §41-126. Tenant's use and occupancy of premises - Rules and regulations.........................................26 §41-127. Duties of tenant.....................................................................................................................27 §41-128. Consent of tenant for landlord to enter dwelling unit - Emergency entry - Abuse of right of entry - Notice - Abandoned premises - Refusal of consent................................................................27 §41-129. Tenant's breach of rental agreement - Wrongful abandonment...........................................28 §41-130. Abandoning, surrendering or eviction from possession of dwelling unit - Disposition of personal property................................................................................................................................28 §41-130.1. Death of tenant - Disposition of personal property............................................................30 §41-131. Delinquent rent......................................................................................................................31 §41-132. Tenant's failure to comply with rental agreement or perform duties - Rights and duties of landlord...............................................................................................................................................31 §41-133. Lien on tenant's property.......................................................................................................33 §41-134. Enforcement of lien...............................................................................................................33 §41-135. Construction of act.................................................................................................................33 §41-136. Removal of rented furniture - Procedure..............................................................................33 §41-201. Declining or terminating lease agreement based upon felony conviction of tenant or occupant..............................................................................................................................................34 Oklahoma Statutes - Title 41. Landlord and Tenant Page 2 (10) days' notice to quit possession, shall have a right to reenter the premises and take possession thereof, and dispossess the tenant, subtenant or undertenant. R.L. 1910, § 3794. §41-12. Attornment unnecessary to conveyance. 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, § 3795. §41-13. Attornment to stranger void. 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. §41-14. Rights of sublessees. 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. §41-15. Rights of alienees of lessors and lessees. 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. §41-16. Rents from life grants. Rents from lands granted for life or lives may be recovered as other rents. R.L. 1910, § 3799. §41-17. Recovery of arrears of rent from life grants after death. 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. §41-18. Rights and liabilities of executors and administrators. Executors and administrators shall have the same remedies to recover rents, and be subject to the same liabilities to pay them, as their testators and intestates. R.L. 1910, § 3801. Oklahoma Statutes - Title 41. Landlord and Tenant Page 5 §41-19. Occupants without contract liable for rent. The occupant of any lands, without special contract shall be liable for the rent to any person entitled thereto. R.L. 1910, § 3802. §41-20. Contribution by joint tenants. If a joint tenant, or tenant in common, or tenant in coparcenary, have, by consent, management of the estate, and make repairs and improvements with the knowledge, and without objection, of his cotenant or coparcener, such cotenant or coparcener shall contribute ratably thereto. R.L. 1910, § 3803. §41-21. Joint tenant may recover his share of rents. A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his cotenant or coparcener, or their personal representatives, for receiving more than his just proportion of the rents and profits. R.L. 1910, § 3804. §41-22. Recovery for waste or trespass by remainderman. A person seized of an estate in remainder or reversion may maintain an action for waste or trespass, for injury to the inheritance, notwithstanding an intervening estate for life or years. R.L. 1910, § 3805. §41-23. Farm rent lien on crop. Any rent due for farming land shall be a lien on the crop growing or made on the premises. Such lien may be enforced by action and attachment therein, as hereinafter provided. R.L. 1910, § 3806. §41-24. Crop rent. When any such rent is payable in a share or certain proportion of the crop, the lessor shall be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver him such share or proportion, enter upon the land and take possession of the same, or obtain possession thereof by action of replevin. R.L. 1910, § 3807. §41-25. Repealed by Laws 2002, c. 460, § 46, eff. Nov. 1, 2002. §41-26. Purchaser of crop with notice liable for rent. The person entitled to rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien, the value of the crop purchased, to the extent of the rent due and damages. R.L. 1910, § 3808. Oklahoma Statutes - Title 41. Landlord and Tenant Page 6 §41-27. Landlord may have attachment, when. When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one (1) year thereafter, and whether the same be payable in money or other things), intends to remove, or is removing, or has, within thirty (30) days, removed, his property, or his crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action, and upon making an affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment shall issue in the same manner and with the like effect as is provided by law in other actions. R.L. 1910, § 3809. §41-28. Attachment for rent lien on crops. In an action to enforce a lien on crops for rent of farming lands, the affidavit for attachment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land. Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions. R.L. 1910, § 3810. §41-29. Repealed by Laws 1970, c. 107, § 1, emerg. eff. April 1, 1970. §41-30. Taxation of improvements. All improvements put on leased lands, that do not become a part of the realty, shall be assessed to the owner of such improvements as personal property; and the taxes imposed on such improvements shall be collected by levy and sale of the interest of such owner, the same as in all other cases of the collection of taxes on personal property. R.L. 1910, § 3812. §41-31. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §41-32. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §41-33. Lease presumed to be for one year. Oklahoma Statutes - Title 41. Landlord and Tenant Page 7 A. If a tenant abandons, surrenders possession of, or is evicted from nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property on the premises of the nonresidential rental property, the landlord may take possession of the personal property ten (10) days after the tenant receives personal service of notice or fifteen (15) days after notice is mailed, whichever is latest, and if the personal property has no ascertainable or apparent value, the landlord may dispose of the personal property in a reasonable commercial manner. In any such case, the landlord has the option of complying with the provisions of subsection B of this section. B. If the tenant abandons, surrenders possession of, or is evicted from the nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property of an ascertainable or apparent value on the premises of the nonresidential rental property, the landlord may take possession of the personal property and give notice to the tenant, demanding that the personal property be removed within the dates set out in the notice but not less than fifteen (15) days after delivery or mailing of such notice, and that if the personal property is not removed within the time specified in the notice, the landlord may sell the personal property at a public sale. The landlord may dispose of perishable commodities in any manner the landlord considers fit. Payment by the tenant of all outstanding rent, damages, storage fees, court costs and attorneys' fees shall be a prerequisite to the return of the personal property. For purposes of this section, notice sent by registered or certified mail to the tenant's last-known address with forwarding requested shall be deemed sufficient notice. C. After notice is given as provided in subsection B of this section, the landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the personal property. The landlord shall not be responsible to the tenant for any loss not caused by the landlord's deliberate or negligent act. The landlord may elect to store the personal property on the premises of the nonresidential rental property that was abandoned or surrendered by the tenant or from which the tenant was evicted, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's personal property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage. D. If the tenant makes timely response in writing of an intention to remove the personal property from the premises and does not do so within the later of the time specified in the notice provided for in subsection B of this section or within fifteen (15) days of the delivery or mailing of the tenant's written response, it shall be conclusively presumed that the tenant abandoned the personal Oklahoma Statutes - Title 41. Landlord and Tenant Page 10 property. If the tenant removes the personal property within the time limitations provided in this subsection, the landlord is entitled to the cost of storage for the period during which the personal property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement. E. If the tenant fails to take possession of the personal property as prescribed in subsection D of this section and make payment of all amounts due and owing, the personal property shall be deemed abandoned and the landlord may thereupon sell the personal property in any reasonable manner without liability to the tenant. F. Notice of sale shall be mailed to the owner and any other party claiming any interest in said personal property, if known, at their last-known post office address, by certified or registered mail at least ten (10) days before the time specified therein for such sale. For purposes of this section, parties who claim an interest in the personal property include holders of security interests or other liens or encumbrances as shown by the records in the office of the county clerk of the county where the lien would be foreclosed. G. The landlord or any other person may in good faith become a purchaser of the personal property sold. The landlord may dispose of any personal property upon which no bid is made at the public sale. H. The landlord may not be held to respond in damages in an action by a tenant claiming loss by reason of the landlord's election to destroy, sell or otherwise dispose of the personal property in compliance with the provisions of this section. If, however, the landlord deliberately or negligently violated the provisions of this section, the landlord shall be liable for actual damages. I. Any proceeds from the sale or other disposition of the personal property, as provided in subsection B of this section, shall be applied by the landlord in the following order: 1. To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof; 2. To the satisfaction of any properly recorded security interest; 3. To the satisfaction of any amount due from the tenant to the landlord for rent or otherwise; and 4. The balance, if any, shall be paid into court within thirty (30) days of the sale and held for six (6) months and, if not claimed by the owner of the personal property within that period, shall escheat to the county. Added by Laws 1988, c. 138, § 2, eff. Nov. 1, 1988. §41-61. Computation of time. The time within which an act is to be done, as provided for in Title 41 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Oklahoma Statutes - Title 41. Landlord and Tenant Page 11 Statutes, it shall be excluded. The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act. Any action or proceeding arising under Title 41 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section. Added by Laws 2000, c. 260, § 3, emerg. eff. June 1, 2000. §41-71. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-72. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-73. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-74. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-75. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-76. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-77. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-101. Short title. 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. §41-102. Definitions. 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" means any money or other property required by a landlord from a tenant as a security and which is to be returned to Oklahoma Statutes - Title 41. Landlord and Tenant Page 12 §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. §41-106. Settlement of claim. 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. §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. §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. §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. Oklahoma Statutes - Title 41. Landlord and Tenant Page 15 §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. §41-111. Termination of tenancy. 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) days before the date upon which the termination is to become effective. The thirty-day period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section. B. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is less than month-to- month, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in subsection E of this section at least seven (7) days before the date upon which the termination is to become effective. C. Unless earlier terminated under the provisions of the Oklahoma Residential Landlord and Tenant Act or unless otherwise agreed upon, a tenancy for a definite term expires on the ending date thereof without notice. D. If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination under the Oklahoma Residential Landlord and Tenant Act, the landlord may immediately bring an action for possession and damages. If the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than twice the average monthly rental, computed and prorated on a daily basis, for each month or portion thereof that said tenant remains in possession. If the landlord consents to the tenant's continued occupancy, a month-to-month tenancy is thus created, unless the parties otherwise agree. E. The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Oklahoma Statutes - Title 41. Landlord and Tenant Page 16 Post Office. If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail. For the purpose of this subsection, the word "landlord" shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title. F. The provisions of this section shall not apply to an occupant who has no rental agreement with the landlord and with whom the landlord has not consented to creating a tenancy. A landlord shall have the right to demand that such an occupant vacate the dwelling unit or the premises or both and shall not be required to commence eviction proceedings. If the occupant wrongfully fails to comply within a reasonable time, the occupant shall, upon conviction, be guilty of a trespass and may be punished by a fine not to exceed Five Hundred Dollars ($500.00). Added by Laws 1978, c. 257, § 11, eff. Oct. 1, 1978. Amended by Laws 1980, c. 168, § 1, eff. Oct. 1, 1980; Laws 1982, c. 251, § 1, emerg. eff. May 11, 1982; Laws 2016, c. 294, § 1, eff. Nov. 1, 2016; Laws 2019, c. 115, § 1, eff. Nov. 1, 2019. §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. §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 this 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; or 5. Agrees to the establishment of a lien except as allowed by this act in and to the property of the other party. 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. Oklahoma Statutes - Title 41. Landlord and Tenant Page 17 allowable charges under the provisions of this act or the rental agreement, the landlord shall return the balance of the security deposit without interest to the tenant within forty-five (45) days after the termination of tenancy, delivery of possession and written demand by the tenant. If the tenant does not make such written demand of such deposit within six (6) months after termination of the tenancy, the deposit reverts to the landlord in consideration of the costs and burden of maintaining the escrow account, and the interest of the tenant in that deposit terminates at that time. C. Upon cessation of a landlord's interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenants' damage or security deposits at his option or pursuant to court order shall, within a reasonable time: 1. Transfer said deposits to the landlord's successor in interest and notify the tenants in writing of such transfer and of the transferee's name and address; or 2. Return the deposits to the tenants. D. Upon receipt of the transferred deposits under paragraph 1 of subsection C of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this act. E. If a landlord or manager fails to comply with this section or fails to return any prepaid rent required to be paid to a tenant under this act, the tenant may recover the damage and security deposit and prepaid rent, if any. F. Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. G. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this act. Added by Laws 1978, c. 257, § 15, eff. Oct. 1, 1978. Amended by Laws 1980, c. 168, § 2, eff. Oct. 1, 1980; Laws 1981, c. 125, § 1; Laws 2015, c. 94, § 1, eff. Nov. 1, 2015. §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 Oklahoma Statutes - Title 41. Landlord and Tenant Page 20 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. §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. §41-118. Duties of landlord and tenant. A. A landlord shall at all times during the tenancy: Oklahoma Statutes - Title 41. Landlord and Tenant Page 21 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. §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. Oklahoma Statutes - Title 41. Landlord and Tenant Page 22 E. All rights of the tenant under this section do not arise until he has given written notice to the landlord or if the condition complained of was 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. Added by Laws 1978, c. 257, § 21, eff. Oct. 1, 1978. §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. §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. §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 Oklahoma Statutes - Title 41. Landlord and Tenant Page 25 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. §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. §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. §41-127. Duties of tenant. The tenant shall at all times during the tenancy: Oklahoma Statutes - Title 41. Landlord and Tenant Page 26 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. §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. Oklahoma Statutes - Title 41. Landlord and Tenant Page 27 a. grant to the person designated under paragraph 1 of this subsection access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent, b. allow the person designated under paragraph 1 of this subsection to remove any of the tenant's property found at the leased premises, and c. refund the tenant's security deposit, less lawful deductions, to the person designated under paragraph 1 of this subsection. B. A tenant may, without request from the landlord, provide the landlord with the information specified in subsection A of this section. C. Except as provided in subsection D of this section, in the event of the death of a tenant who is the sole occupant of a rental dwelling: 1. The landlord may remove and store all property found in the tenant's leased premises; 2. The landlord shall turn over possession of the property to the person who was designated by the tenant under subsection A or B of this section or to any other person lawfully entitled to the property if the request is made prior to the property being discarded pursuant to paragraph 5 of this subsection; 3. The landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under subsection A or B of this section or to any other person lawfully entitled to the refund; 4. Any person who removes property from the tenant's leased premises shall sign an inventory of the property being removed at the time of removal and submit the signed inventory to the landlord; and 5. The landlord may discard the property removed by the landlord from the tenant's leased premises if: a. the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under subsection A or B of this section, requesting that the property be removed, b. the person failed to remove the property by the thirtieth day after the postmark date of the notice, and c. the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. D. In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. Oklahoma Statutes - Title 41. Landlord and Tenant Page 30 E. If a tenant, after being furnished with a notice of request, knowingly violates subsection A of this section by failing to provide the required information and statement, the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. F. If a landlord, after being furnished with a copy of this section, knowingly violates subsection C of this section, the landlord shall be liable to the estate of the deceased tenant for actual damages. Added by Laws 2006, c. 23, § 1, eff. Nov. 1, 2006. §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. §41-132. Tenant's failure to comply with rental agreement or 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, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) days after written notice served as provided in subsection E of Section 111 of this title by the landlord specifying the breach and requiring that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and thereafter submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment. If the landlord remedies the breach as provided in this subsection, the landlord may not terminate Oklahoma Statutes - Title 41. Landlord and Tenant Page 31 the rental agreement by reason of the tenant's failure to remedy the breach. B. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, if there is a material noncompliance by the tenant with the rental agreement or with any provision of Section 127 of this title, the landlord may deliver to the tenant a written notice served as provided in subsection E of Section 111 of this title specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days. If the breach is not remedied within ten (10) days from receipt of the notice, the rental agreement shall terminate as provided in the notice. If within the ten (10) days the tenant adequately remedies the breach complained of, or if the landlord remedies the breach according to the provisions of subsection A of this section, the rental agreement shall not terminate by reason of the breach. Any subsequent breach of the lease or noncompliance under this section shall be grounds, upon written notice to the tenant, for immediate termination of the lease. C. Notwithstanding other provisions of this section, if there is a noncompliance by the tenant with the rental agreement or with any of the provisions of Section 127 of this title, which noncompliance causes or threatens to cause imminent and irremediable harm to the premises or to any person and which noncompliance is not remedied by the tenant as promptly as conditions require after the tenant has notice of it, the landlord may terminate the rental agreement by immediately filing a forcible entry and detainer action. D. Any criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises by other tenants committed by a tenant or by any member of the tenant's household or any guest or other person under the tenant's control or is a danger to the premises and any drug-related criminal activity on or near the premises by the tenant or by any member of the tenant's household or any guest or other person under the tenant's control shall be grounds for immediate termination of the lease. Added by Laws 1978, c. 257, § 32, eff. Oct. 1, 1978. Amended by Laws 1982, c. 251, § 2, emerg. eff. May 11, 1982; Laws 1989, c. 347, § 4, eff. Nov. 1, 1989; Laws 1991, c. 150, § 2, eff. Sept. 1, 1991; Laws 1996, c. 339, § 13, eff. Nov. 1, 1996; Laws 1998, c. 306, § 12, eff. Nov. 1, 1998. §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, Oklahoma Statutes - Title 41. Landlord and Tenant Page 32