Residential Rental Lease Agreement
Title 41
Landlord and Tenant.
Presumption of 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. Title 41, §1.
Lease - Expiration of Written Lease - Tenant at Will.
When premises are let for one or more years, and the tenant, with
the assent of the landlord, continues to occupy the premises after the expiration
of the term, such tenant shall be deemed to be a tenant at will; provided,
that no lease or rental contract of premises shall be continued, unless the
original contract was in writing, and all other lease or contracts shall
expire by limitation with the calendar year, without notice. Title
41, §2.
Reserved Rent - Tenant Holds form One Period to Another.
When rent is reserved, payable at intervals of three (3) months
or less, the tenant shall be deemed to hold from one period to another,
equal to the intervals between the days of payment, unless there is an
express contract to the contrary. Title 41, §3.
30 Days Notice Required Before Termination of Tenancy.
Thirty (30) days' notice in writing is necessary to be given by
either party before he can terminate a tenancy at will, or from one period
to another, of three (3) months or less; but where in any case rent is
reserved, payable at intervals of less than thirty (30) days, the length
of notice need not be greater than such interval between the days of payment.
Title 41, §4.
Tenancies from Year to Year - 3 Months Notice Prior to Expiration
of Year.
All tenancies from year to year, may be determined by at least
three (3) months' notice, in writing, given to the tenant prior to the
expiration of the year. Title 41, §5.
Neglect or Refusal to Pay Rent for Less than 3 Months.
If a tenant, for a period of less than three (3) months, shall
neglect or refuse to pay rent when due, five (5) days' notice, in writing,
to quit, shall determine the lease, unless such rent be paid before the
expiration of said five (5) days. Title 41, §7.
No Notice to Quit Necessary under Certain Conditions.
When the time for the termination of a tenancy is specified in
the contract, or where a tenant at will commits waste, or in the case of
a tenant by sufferance, and in any case where the relation of landlord
and tenant does not exist, no notice to quit shall be necessary.
Title 41, §8.
Notice to Terminate Tenancy.
The notice to terminate the tenancy required in this chapter may
be served on the tenant, or, if he cannot be found, by delivering the same
to some person over the age of twelve (12) years, residing on the premises,
having first made known to such person the contents thereof; or, if service
cannot be made by the use of reasonable diligence on the tenant or on any
person over the age of twelve (12) years residing on the premises, the
same may be served by posting said notice at some conspicuous place on
the building on said premises and if there be no buildings on said premises
then said notice shall be posted at some conspicuous place on said premises
and if said notice is posted, a copy of said notice shall be mailed to
the tenant at his last-known address by registered mail and such notice
shall operate to terminate the tenancy at the end of the period after the
date of such posting and mailing that it would have been terminated by
personal service of such notice on the date of such posting and mailing;
provided, that in no event shall such posting and mailing terminate any
tenancy within a period of less than ten (10) days from the date of such
posting and mailing. Title 41, §9.
Assignment or Transference of Interest upon Certain Conditions.
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. Title 41, §10.
Landlord - Right to Reenter Premises 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.
Title 41, §11.
Conveyance of Real Estate Valid without Attornment of Tenant.
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. Title 41, §12.
Attornment of Tenant to Stranger Shall Be 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. Title 41, §13.
Remedies 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. Title 41, §14.
Remedies 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. Title 41,
§15.
Rents from Lands Granted for Life.
Rents from lands granted for life or lives may be recovered as
other rents. Title 41, §16.
Recovery of Arrears Unpaid at Death.
A person entitled to rents dependent on the life of another, may
recover arrears unpaid at the death of that other. Title 41, §17.
Executors and Administrators - Remedies to Recover Rents - Liabilities.
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. Title 41, §18.
Occupant of Land without Special Contract Liable for Rent.
The occupant of any lands, without special contract shall be liable
for the rent to any person entitled thereto. Title 41, §19.
Contribution by Joint Tenant, Tenant in Common or Tenant in Coparceny.
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. Title
41, §20.
Action Against Cotentant, Coparcener or Personal Representatives.
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. Title 41, §21.
Action 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. Title 41, §22.
Rent Due for Farming Land - Lien.
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. Title 41, §23.
Rent Payable in Share or Proportion of Crop.
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 refuses 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. Title 41, §24.
Removal of Crops to Defraud Landlord.
Any person who shall remove any crops from leased or rented premises
with intent to deprive the owner or landlord interested in said land of
any of the rent due from said land, or who shall fraudulently appropriate
the rent due the owner or landlord of said land, to himself or any person
not entitled thereto, shall be guilty of the felony of embezzlement and
punished accordingly. Title 41, §25.
Recovery from Purchaser of Crop.
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. Title 41, §26.
Landlord Right to Recover - Issuance of Attachment.
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. Title 41, §27.
Attachment for Lien on Crops for Rent of Farming Lands.
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. Title 41, §28.
Improvements on Leased Lands - Taxation of.
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. Title 41,
§30.
Lease of Real Property - Presumption of Duration.
A lease of real property, other than lodgings, in places where
there is no usage on the subject, is presumed to be for one (1) year from
its commencement, unless otherwise expressed in the lease. Title
41, §33.
Presumption of Renewal of Lease.
If a lessee of real property remains in possession thereof, after
the expiration of the lease and the lessor accepts rent from him, the parties
are presumed to have renewed the lease on the same terms and for the same
time, not exceeding one (1) year. Title 41, §35.
Lease of Real Property Deemed Renewed Unless Notice of Termination
Given.
A lease of real property, for a term not specified by the parties,
is deemed to be renewed, as stated in the last section, at the end of the
term implied by law, unless one of the parties gives notice to the other
of his intention to terminate the same, at least as long before the expiration
thereof as the term of the lease itself, not exceeding one (1) month.
Title 41, §36.
When Rent Becomes Payable.
When there is no contract or usage to the contrary, the rent of
agricultural and wild land is payable yearly at the end of each year. Rents
of lodgings are payable monthly at the end of each month. Other rents are
payable quarterly at the end of each quarter from the time the hiring takes
effect. The rent for shorter period than the periods herein specified is
payable at the termination of such period. Title 41, §37.
Tenant who Receives Notice of Proceeding Must Inform and Deliver
Notice to Landlord -
Responsibility for Damages.
Every tenant who receives notice of any proceeding to recover the
real property occupied by him or the possession thereof must immediately
inform his landlord of the same, and also deliver to the landlord the notice,
if in writing, and is responsible to the landlord for all damages which
said landlord may sustain by reason of any omission to inform him of the
notice, or to deliver it to him if in writing. Title 41, §38.
Forfeiture of Lease - Release from Record - Penalty.
When any lease on land heretofore or hereafter taken shall have
become forfeited, it shall be the duty of the lessee, his, her, or their
heirs, successors, assigns or legal representatives, within sixty (60)
days from the date this act shall take effect, if such forfeiture occurs
prior thereto, and within sixty (60) days from date of forfeiture of any
and all other leases, to have such leases released from record in the county
where such land is situated, without cost to the owner or owners thereof;
and upon failure to make such release, the owner or owners of the land
under lease may notify in writing the holder of the record title to such
lease, that the same has become forfeited and demand a release of record
of such lease, as herein provided; and if the owner or holder of such lease,
or the officer, agent, or other persons whose duty it is to release such
lease, shall fail or neglect to release same within thirty (30) days after
demand to release has been made in writing, he shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine of not exceeding One Hundred
Dollars ($100.00). Title 41, §40.
Terms Defined.
As used in this act:
1. "Landlord" means the owner, lessor or sublessor of a nonresidential
rental property, but does not mean an "owner" as defined by Section 192
of Title 42 of the Oklahoma Statutes;
2. "Nonresidential rental property" means any land or building which
is rented or leased to a tenant for other than residential purposes and
the rental agreement of which is not regulated under the provisions of
the Oklahoma Residential Landlord and Tenant Act, Section 101 et seq. of
Title 41 of the Oklahoma Statutes or the Self-Service Storace Facility
Lien Act, Section 191 et seq. of Title 42 of the Oklahoma Statutes; and
3. "Tenant" means any person entitled under a rental agreement to
occupy the nonresidential rental property. Title 41, §51.
Historical Data Added by Laws 1988, c. 138, § 1, eff. Nov.
1, 1988; Amended by Laws 1999, c. 212, § 1, eff. November 01,1999
(superseded document available).
When Tenant Abandons, Surrenders Possession of, or is Evicted
from Nonresidential Rental Property - Disposition of Personal Property
of Tenant - Notice - Costs of Storage - Landlord Liability - Proceeds of
Sale.
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 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;
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. Title 41, §52. Historical Data Added by Laws 1988, c.
138, § 2, eff. Nov. 1, 1988.
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 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. Title 41,
§61.
