What are your rights as a landlord?

              This information is provided by the
Oklahoma Bar Association
1
RESIDENTIAL LANDLORDS
Obligations and Remedies
As a residential landlord in Oklahoma, you must comply with a number of obligations to your tenant which cannot be altered by your lease agreement. Here are answers to some questions you may have.
BASIC RULE:
YOU MUST ACT IN GOOD FAITH!
Q: What are my obligations to have the premises vacant for a tenant at the commencement of the lease?
A: At the commencement of the lease, you are obligated to deliver full possession of the premises to the tenant in compliance with the rental agreement. If some other person is wrongfully in possession of the premises, you may bring an action for possession against that person and recover damages.
Q: What are my obligations as to security deposits?
A: As a landlord, you may require a security deposit for damages occurring during the lease term. You must keep the deposit in an escrow account in a federally insured institution in the State of Oklahoma. Misappropriation of the fund is a misdemeanor. After the lease has ended, if the tenant makes written demand within six months, you are required to refund the unused portion of the deposit within 30 days. Any deductions for damages or unpaid rent must be itemized in a written statement, delivered to the tenant in person or by mail with return receipt requested. If the tenant does not make written demand for the deposit within six months after the lease is ended, you may keep the deposit.
If you sell or otherwise transfer the property, you must either:
1) Return the deposit to your tenants, or
2) Furnish your tenants with the name and address of your transferee, who will have similar obligations to the tenants with relation to the deposits.
Q: What are my obligations as to condition of the premises?
A: 1) You must keep all common areas and grounds clean, safe and sanitary.
2) You must make all repairs needed to put and keep the tenant’s living area in fit and habitable condition.
3) You must keep facilities and appliances in good working order. This includes electrical, plumbing, sanitary, heating, ventilation, air conditioning, elevators and other appliances.
4) You must install a smoke detector or detectors in accordance with the nationally recognized codes, standards or practices adopted by the State Fire Marshal Commission and explain to the tenant or lessee the method of testing the smoke detector(s) to ensure that it is in working order.
5) Unless supplied by a governmental entity, you must provide for trash receptacles and frequent removal on premises with more than two family units.
6) Unless you have separate metered utility connections, you must provide running water and reasonable amounts of hot water at all times, and reasonable heat for all tenants except those in single-family residences.
A tenant may agree to perform specified repairs, maintenance tasks, alterations or remodeling by a “conspicuous” writing, separate from the rental agreement. If, however, this agreement is to avoid your responsibilities under the law, you may not be acting in “good faith.” A landlord may have to comply with local building code ordinances.
Q: What are my tenant’s remedies for defective condition of the premises?
A: If there are defects in the premises which affect health and/or safety, and they have not been caused by your tenant, or some person or animal on the premises with your tenant’s consent, your tenant may give you written notice of the defect. The notice may state one of the following options:
1) Your tenant may notify you that if repairs are not made by you in 14 days, the lease will terminate in 30 days from