From Turner Falls Park which encompasses a 77-foot waterfall, sandy beaches and an abandoned rock castle to the 3700-acre wildlife preserve, Oklahoma does offer much to many. Oklahoma’s weather is clear and partly sunny over half of the time.
At a Glance:
Late Fees: No specific statute exists, however there is case law that provides that late fees should be correlated to the costs incurred when rent is late.
Security Deposit: There are no statutes that limits the amount to charge for security deposit.
Returned Payment Fee Limit: The statutes are silent regarding what fee may be charged when a payment is returned.
Notice to Enter: Entrance is permitted for repairs at reasonable times and with one-day advanced notification.
Late Fee/Returned Check Fee:
Late Fee: While there are no specific state laws pertaining to the limitation on late fees, it is suggested that a late fee should be restricted to any actual costs incurred by the landlord when rent is late.
Returned Payment: Even though there are no statutes describing any limitations for such a fee, according to Verichek the fee permitted is $40 if there is appropriately provided notice.
Oklahoma does not have any stated regulations putting a maximum limit on the amount a landlord may collect for a security deposit. However, all deposits must be held in an escrow account located within the state of Oklahoma. Payment of interest to the tenant is not a requirement.
Once the tenant moves, he must provide the landlord with notice of a forwarding address and a request for the security deposit. This must be done within six months. If the landlord does not receive this request in six months, the security deposit then becomes the landlord’s. If and when the tenant provides the notice, the landlord has thirty days to either return the full deposit or the balance thereof with a statement including the deductions made. The only deductions that can be made are for unpaid rent, damages that are beyond normal wear and tear and any other breaches of the lease.
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According to Section 118 of Title 42 of Oklahoma statutes, a landlord has the obligation to provide and maintain a clean, and safe, and sanitary rental unit.
Right of Entry:
Unless an emergency occurs, the landlord must provide the tenant a one day advance notice to make repairs. And the time of repair must be during a reasonable time. The same goes for showings of the apartment to re-rent or sell.
Notice to End Lease:
Following the statutes outlined in Title 41, Section 111 of the Oklahoma Landlord Tenant act, when a lease runs month to month, thirty days written notice is required. If it is a weekly lease, seven days is needed. And if the lease has a fixed date of ending, then on that date the lease simply ends and no notice is required.
When a tenant fails to pay rent, the landlord must provide a 5 days demand for the payment in written form. If the tenant does not pay, the landlord may initiate court proceedings for the removal of the tenant. If the tenant creates a violation other than non-payment, such as for an unauthorized pet, the landlord must provide a 15 day written notice. The tenant then has ten days to fix the issue. If it is not remedied, the landlord will go to the court on the 15th day and initiate court eviction.
Other Important Information:
Methamphetamine Manufacture: If at any time prior to the new lease, the landlord has knowledge that the premises were used for meth production, it must be disclosed to the tenant.
Flooding Disclosure: If the premises were flooded in the prior 5 years, the landlord must notify the tenants in the rental agreement.
Questions? Ask an Attorney!
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