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Real Property

Leases

Whether you're a landlord or tenant, a well-drafted lease is your first line of protection. We handle drafting, review, and disputes.

Kelli J. Goodnight, Attorney

🏠 Key Takeaways

  • Oklahoma's Residential Landlord and Tenant Act (41 O.S. § 101 et seq.) governs most residential leases
  • Commercial leases have fewer statutory protections—the written terms control
  • Landlords must provide habitable conditions in residential properties
  • Security deposits must be returned within 45 days with an itemized statement (41 O.S. § 115)
  • Lease terms longer than one year must be in writing under the Statute of Frauds
  • Oklahoma allows landlord self-help remedies in commercial leases if the lease permits it

Lease Services

Commercial Lease Drafting & Review

Commercial leases involve significant financial commitments. We handle:

  • Office, retail, and warehouse leases
  • Triple net (NNN) and gross lease structures
  • Common area maintenance (CAM) provisions
  • Assignment and subletting clauses
  • Build-out allowances and tenant improvements
  • Options to renew, expand, or terminate

Residential Lease Services

  • Lease drafting that complies with Oklahoma law
  • Security deposit compliance and handling
  • Proper notice and eviction procedures
  • Habitability and repair obligations
  • Tenant screening considerations

Lease Disputes

  • Breach of lease claims
  • Eviction and forcible entry and detainer actions
  • Security deposit disputes
  • Property damage and abandonment issues
  • Early termination and lease buyouts

Key Commercial Lease Terms

When negotiating a commercial lease, pay attention to:

  • Rent escalation – How and when rent increases
  • CAM charges – What's included and how they're calculated
  • Use restrictions – What you can and cannot do in the space
  • Default and remedies – Notice requirements and cure periods
  • Insurance and indemnification – Who bears the risk
  • Personal guaranty – Whether the owner is personally liable

Landlord Responsibilities

Under Oklahoma law, residential landlords must:

  • Maintain the property in a habitable condition
  • Comply with building and housing codes
  • Make repairs within 14 days of written notice for conditions affecting health and safety
  • Return security deposits within 45 days with itemized deductions
  • Provide proper notice before entry (except for emergencies)

Tenant Rights & Obligations

Tenants have specific rights and responsibilities:

  • Right to habitable premises and timely repairs
  • Right to proper notice before eviction
  • Obligation to pay rent on time and maintain the property
  • Right to withhold rent or repair-and-deduct for specific code violations
  • Obligation to provide written notice of needed repairs

Frequently Asked Questions

Common questions about leases

Do I need an attorney to review my commercial lease? +

Strongly recommended. Commercial leases typically involve multi-year commitments and significant financial obligations. Unlike residential leases, commercial tenants have few statutory protections—the written terms are what matter.

How much notice is required for eviction in Oklahoma? +

It depends on the reason. Non-payment of rent requires a written 5-day notice. Lease violations generally require a 15-day notice with an opportunity to cure. The lease may specify different notice periods.

Can a landlord keep my security deposit? +

Only for actual damages, unpaid rent, or cleaning costs beyond normal wear and tear. The landlord must provide an itemized statement within 45 days. Failure to comply may result in the landlord owing you double the deposit amount.

What is a triple net (NNN) lease? +

A lease where the tenant pays base rent plus property taxes, insurance, and maintenance costs. These are common in commercial real estate. It's critical to understand exactly what's included in each "net" before signing.

Can I break my lease early? +

Possibly. Check your lease for early termination provisions. In some cases, military deployment, domestic violence, or landlord breach of habitability may allow early termination. Otherwise, you may need to negotiate a buyout with the landlord.

Does a verbal lease agreement count? +

Verbal leases for one year or less can be enforceable, but they're difficult to prove and leave both parties exposed. Any lease longer than one year must be in writing under Oklahoma's Statute of Frauds.

Protect Your Lease Interests

Schedule a consultation to review, draft, or resolve a lease dispute.