§41-1. Who deemed tenant at will.
Any person in the possession of real property, with the assent of the owner, is presumed to be a tenant at will, unless the contrary is shown, except as herein otherwise provided. R.L. 1910, § 3783.
§41-10. Tenant may not assign, when.
No tenant for a term not exceeding two (2) years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another, without the written assent of the landlord or person holding under him. R.L. 1910, § 3793.
§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 […]
§41-103. Application of act.
A. Except as otherwise provided in this act, this act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. B. Any agreement, whether written or oral, shall be unenforceable insofar as said agreement, or any provision thereof, conflicts with any provision […]
§41-104. Arrangements not covered by act.
Unless created to avoid the application of this act, the following arrangements are not governed by this act: 1. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; 2. Occupancy under a contract of sale or contract for deed of a […]
§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 […]
§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 […]
§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 […]
§41-11. Landlord may reenter after unauthorized assignment.
If any tenant shall violate the provisions of the preceding section, the landlord, or person holding under him, after giving ten (10) days’ notice to quit possession, shall have a right to reenter the premises and take possession thereof, and dispossess the tenant, subtenant or undertenant. R.L. 1910, § 3794.
§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 […]
§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. […]
§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 the Oklahoma Residential Landlord and Tenant Act; 2. Authorizes any person to confess judgment on a claim arising out of the rental agreement; 3. Agrees to pay the other party’s attorney’s fees; 4. Agrees […]
§41-113.1. Denial or termination of tenancy because of guide, signal or service dog.
A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985. Added by Laws 1982, c. 251, § 3, emerg. eff. […]
§41-113.2. Assistance animal – Reasonable housing accommodation request.
A. As used in this section, “assistance animal” means an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. “Assistance animal” includes a service animal specifically trained or equipped to […]
§41-113.3. Victims of domestic violence, sexual violence, or stalking.
A landlord shall not deny, refuse to renew or terminate a tenancy because the applicant, tenant or member of the household is a victim or alleged victim of domestic violence, sexual violence or stalking regardless of whether there exists a current protective order. A landlord shall not deny a tenancy or retaliate against a tenant […]
§41-113a. Disclosure of flood or flooding problems in rental agreement.
A. If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. Failure to provide such information shall entitle any tenant who is a party to […]