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State laws / Oklahoma

Oklahoma Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Oklahoma law says about the clauses that matter most in a residential lease. Data as of 2026-10-22.

Main statute: Oklahoma Residential Landlord and Tenant Act (41 O.S. §§ 101-136)

Security deposits

Max
No statutory cap on the amount of a security deposit found in 41 O.S. §§ 101-136. 'Deposit' means money or other property required by a landlord from a tenant as security, to be returned on termination less deductions properly made under the Act (§ 102(2)). The deposit must be kept in an escrow account in an Oklahoma federally insured financial institution; misappropriation is unlawful and punishable by county jail up to six months and a fine up to twice the amount misappropriated (§ 115(A)). On termination the deposit may be applied to accrued rent and damages from the tenant's noncompliance with the Act and rental agreement, itemized in a written statement (§ 115(B)). A tenant may not deduct the deposit from last month's rent unless the rental agreement provides otherwise (§ 115(F)).
Return deadline days
45 days
Itemization required
Yes
Interest required
No interest: the balance is returned 'without interest' (§ 115(B)). The deposit must be held in an Oklahoma escrow account (§ 115(A)).

Source: 41 O.S. § 115(A), (B), (E), (F); § 102(2)

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Late fees

Rule
No provision on residential late fees found in 41 O.S. §§ 101-136 or elsewhere in Title 41 (the whole title text was searched for 'late fee' / 'late charge'). Any late fee must come from the lease. Not searched: other titles of the Oklahoma Statutes.

Source: 41 O.S. §§ 101-136 (no provision found)

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Landlord entry

Notice
A tenant may not unreasonably withhold consent to the landlord entering to inspect, make necessary or agreed repairs, supply services or show the unit (§ 128(A)). Except in an emergency or where it is impracticable, the landlord must give the tenant at least one (1) day's notice of intent to enter and may enter only at reasonable times (§ 128(C)). Entry without consent is allowed in an emergency (§ 128(B)). The landlord may not abuse the right of access or use it to harass (§ 128(C)). Remedy for unlawful or harassing entry: injunction or termination on written notice, plus actual damages (§ 124(A)).

Source: 41 O.S. § 128(A)-(C), § 124(A)

Ending a month-to-month tenancy

Tenant
Written notice at least 30 days before the effective date; the 30 days run from the date notice is served (§ 111(A), (E)). Notice must be served personally (or on a family member over 12, or posted plus certified mail) (§ 111(E)).
Landlord
Same: written notice at least 30 days before the effective date, served as provided in § 111(E) (§ 111(A)). Nonpayment: tenancy may be terminated if the tenant does not pay within 5 days after written notice of the landlord's demand for payment (§ 131(B)). Material breach by tenant: written notice that the agreement will end not less than 15 days after receipt unless remedied within 10 days (§ 132(B)). Tenancy less than month-to-month: 7 days (§ 111(B)). A victim of domestic violence, sexual violence or stalking may terminate without penalty by written notice and a protective order of an incident, given within 30 days of the incident unless the landlord waives the period (§ 111(F)).

Source: 41 O.S. § 111(A), (B), (E), (F); § 131(B); § 132(B)

Rent increases

Rule
No statute found requiring advance notice of a rent increase in 41 O.S. §§ 101-136. Rent is payable at the time and place agreed (§ 109(B)). For a month-to-month tenancy the only notice rule found is the 30-day termination notice (§ 111(A)).
Statewide rent control
No statewide rent control found in the Act. 2026 bill SB 1296 (90-day notice, 7% + CPI cap) did not advance past Senate committee referral (oklegislature.gov bill page, checked 2026-10-22).

Source: 41 O.S. § 109, § 111 (no rent-increase provision found)

Repairs & habitability

Rule
The landlord must keep common areas clean, safe and sanitary (except single-family residences), make all repairs needed to keep the unit and premises fit and habitable, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order (§ 118(A)(1)-(3)). Tenant remedies (§ 121): after a written notice of a material noncompliance affecting health or safety, the lease terminates on a date not less than 30 days after receipt if the breach is not remedied within 14 days (§ 121(A)); repair-and-deduct: for a health-affecting breach remediable by repairs costing no more than one month's rent, the tenant gives written notice of intent to fix it after 14 days (sooner as promptly as conditions require in an emergency) and may then deduct the actual and reasonable cost with an itemized statement (§ 121(B)); failure to supply heat, running water, hot water, electric, gas or other essential service: tenant may terminate, procure the service and deduct, recover damages, or obtain substitute housing (§ 121(C)); uninhabitable or imminent threat: immediate termination on written notice (§ 121(D)). Tenant rights under § 121 do not arise until written notice is given, or if the tenant caused the condition (§ 121(E)).

Source: 41 O.S. § 118(A), § 121(A)-(E)

Retaliation

Rule
No general retaliation statute found in 41 O.S. §§ 101-136. The only anti-retaliation text found is § 113.3: a landlord may not deny, refuse to renew or terminate a tenancy because the applicant, tenant or household member is a victim or alleged victim of domestic violence, sexual violence or stalking, and may not deny a tenancy or retaliate against a tenant who previously terminated a rental agreement for that reason.

Source: 41 O.S. § 113.3 (no general retaliation provision found)

Clauses often unenforceable in Oklahoma

  • Waiver of the tenant's or landlord's rights or remedies under the Act (§ 113(A)(1), (B))
  • Confession of judgment on a claim arising from the rental agreement (§ 113(A)(2))
  • Agreement to pay the other party's attorney's fees (§ 113(A)(3)); note § 105(B) gives the prevailing party reasonable attorneys' fees by statute
  • Exculpation, limitation or indemnification of a party's liability for damages or injuries to persons or property caused by its acts or omissions in operating or maintaining the unit or premises (§ 113(A)(4))
  • A lien on the other party's property except as the Act allows (§ 113(A)(5))
  • Waiver or limit of the right to summon a peace officer or emergency assistance in an emergency (§ 113(A)(6))
  • Any agreement conflicting with a provision of the Act (§ 103(B))

Notes

DEPOSIT DEADLINE TRIGGER (§ 115(B)): the 45 days run 'after the termination of tenancy, delivery of possession and written demand by the tenant'. All three conditions are in one list, so the clock does not start until the tenancy has terminated, the tenant has delivered possession AND the tenant has made a written demand for the deposit. The statute does not say the tenant must supply a forwarding address, only 'written demand'. The sentence is framed 'If the landlord proposes to retain any portion of the security deposit ... the landlord shall return the balance ... within 45 days' (it addresses the case where the landlord keeps part). Itemization: a written statement delivered by mail, return receipt requested and signed for, or in person to the tenant if he can reasonably be found. If the tenant does NOT make written demand within 6 months after termination, the deposit reverts to the landlord and the tenant's interest ends (§ 115(B)). Remedy: if the landlord fails to comply with § 115, the tenant may recover the deposit and prepaid rent (§ 115(E)); prevailing party gets reasonable attorneys' fees (§ 105(B)); the Act does not set a statutory multiple-damages penalty for late return (none found). The manager should add a lib/depositDeadline.ts OK condition: deadline = 45 days after the LATER of termination and possession delivery, but only once the tenant has made written demand. Scope: dwelling units incl. mobile home lots (§ 102(3)); excluded arrangements in § 104 (institutions, contract-for-deed, fraternal housing, transient hotel/motel, owned condos/coops, agricultural). Landlord entry: 1 day's notice is the minimum 'unless impracticable'. Currency: official Title 41 compilation os41.pdf created 2025-12-30 (latest amendment lines seen in §§ 101-136: Laws 2023 c.159 (§ 104), Laws 2022 c.230 (§ 121), Laws 2021 c.410 (§§ 111, 113, 113.3)); 2026 session (ended 2026-05-21) NOT fully checked against enacted laws because session laws are not in the compilation: bills found and checked on oklegislature.gov - HB 2015 (tenant action / rent withholding; passed House 2026-03-26, last action Senate referred to Judiciary 2026-04-01, not enacted), SB 1296 (rent increase limits; dead), HB 2582 (dead), SB 1209 (FED trial period, Title 12 related; failed third reading). No Oklahoma 2026 law amending §§ 101-136 found, but this is not exhaustive: re-check the Oklahoma Legislature enrolled bills list if a Nov 1, 2026 effective-date change matters.

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Compare all states

  • Security deposit return deadline by state
  • Security deposit limit by state
  • Landlord entry notice by state
  • Month-to-month notice by state
  • Late fee laws by state
  • Rent increase notice by state
  • Landlord retaliation laws by state

Common lease red flags, explained

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees
  • Notice to move out
  • “Landlord not liable” & other void clauses
  • Security deposit earns no interest
  • Pet deposits, pet fees & pet rent
  • “As is” condition clauses
  • No grace period & daily late fees
  • First and last month's rent plus deposit
  • Tenant pays landlord's attorney fees
  • Lockouts & utility shut-offs

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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