Breaking a Lease in Oklahoma: Landlord/Tenant Guide 2024

Breaking a lease in Oklahoma can not only be a challenging experience for landlords and tenants but also have serious financial and legal implications for everyone involved.

In this article, we will discuss how tenants can legally terminate their leases without facing penalties, how to lessen the repercussions when they break leases without legal justification, and what landlords should anticipate from this process.

Whether you’re a landlord trying to understand how lease breaking works or a tenant hoping to find out if they can even break their lease, this guide is for you.

Review Your Lease Before All Else

The lease agreement is the foundation for renting property, whether you are a landlord or a tenant. It’s a legally binding contract that includes crucial information, such as the rent amount and due date, security deposit details, and other elements that define the landlord-tenant relationship. Both landlords and tenants must fully understand all the terms outlined in their lease agreement.

Typically, there are two kinds of leases that the majority of property rentals will be governed by:

• Month-to-month: A month-to-month lease is a flexible agreement lasting anywhere from a few months to several years. Landlords and tenants in Oklahoma can terminate a month-to-month lease by providing the other party with at least 30 days’ written notice.
• Fixed-term: Fixed-term leases are agreements that last for a specific period and conclude on a designated date. Unless the lease contains an early termination clause, the only way to end a fixed-term lease early is through negotiation between both parties to reach a mutually acceptable agreement. Alternatively, the tenant could have a legally qualifying condition to end a lease early without penalty — more on that in the next section.

Legal Reasons for Breaking a Lease in Oklahoma

In Oklahoma, breaking a lease early and without penalty requires the tenant to meet a legally qualifying condition. If the tenant meets such a condition, they can generally end the lease according to state law without further consequences.

These conditions include:

Active Military Duty

According to federal law (specifically the Servicemembers’ Civil Relief Act), active service members relocated due to deployment or a permanent station shift can terminate their lease early and without penalty. To qualify, the service member must be an active duty member of the armed forces, Reserve, National Guard, Public Health Service, or National Oceanic and Atmospheric Administration.

To break the lease, tenants must prove their status to their landlord by providing their military ID and a copy of the orders they’ve received.

Domestic Violence or Sexual Violence

If a tenant becomes a victim of domestic or sexual violence from a household member, or if the child of a tenant does, the tenant may be able to end their lease early. Generally, this is proven by providing the landlord with a copy of a court-issued document, like:

• Temporary injunction or restraining order
• Protective order
• Order of emergency protection

It is also acceptable for a tenant to give the landlord documentation of the abuse from a licensed healthcare provider or local law enforcement to end the lease.

Uninhabitable Living Conditions

In Oklahoma, landlords must provide tenants with a habitable rental unit. If the unit becomes uninhabitable and the landlord fails to address the issue within a reasonable timeframe, the lease may be considered invalid, allowing the tenant to leave without any penalties.

A few examples of how a unit could be considered uninhabitable include:

• No running water or broken plumbing
• No working sanitation facilities
• Broken electrical systems
• No heat

The tenant must inform the landlord of the problem in writing and give them at least 14 days to remedy it. If the landlord does not fix the issue, the tenant may be able to terminate the lease early.

Tenant Death

The estate of a tenant who passes away while under a lease agreement can terminate the lease without penalty before its expiration. As long as the tenant was the sole occupant of the property, the estate may present a copy of the death certificate to the landlord within 30 days of the tenant’s death and remove their belongings from the unit. Typically, the tenant’s estate will still be liable for any unpaid rent or property damage beyond normal wear and tear.

Unenforceable or Voidable Lease

Breaking a lease in Oklahoma can also occur if the signed lease contains unenforceable provisions that make it voidable. There are a few situations that could result in the lease being deemed unenforceable:

• The landlord forced the tenant to sign the lease under duress or coercion.
• The party signing the lease was a minor at the time of lease signing.
• The unit is illegal. It’s either not registered with the proper authorities or doesn’t comply with local health, safety, or building codes.

Landlord Harassment

While landlords are legally allowed to enter a tenant’s unit under certain conditions, excessive entry into a unit or repeated privacy violations could result in a court finding the landlord liable for landlord harassment, allowing the tenant to end a lease early.

The following behavior qualifies as landlord harassment:

• Excessive entry
• Constructive eviction (changing locks, turning off utilities, etc)
• Engaging in discrimination
• Refusing to make necessary repairs or to maintain the property

A court must rule on landlord harassment so the tenant can terminate the lease on these grounds.

Mental or Physical Disability

According to the Fair Housing Act and the Americans with Disabilities Act, landlords must make reasonable accommodations to ensure tenants with disabilities have equal access to housing opportunities.

According to federal law, if the disability is obvious and apparent or if a licensed professional verifies it, tenants may cancel their lease early and without penalty as a reasonable accommodation.

Disabilities that are federally recognized include:

• Epilepsy
• Multiple sclerosis
• Heart disease
• HIV
• Cerebral Palsy
• Muscular dystrophy
• Autism
• Diabetes
• Visual, speech, or hearing impairments

Breaking a Lease Without Legal Justification

If you’re still wondering how to break a lease in Oklahoma without penalty, and your justification isn’t on the above list, you’re probably out of luck. Oklahoma law does not allow a tenant to break a lease due to job relocation or for medical reasons, for example.

There are alternatives to just picking up and leaving, though.

• Negotiate an agreement with the landlord. Some landlords might be amenable to a compromise regarding a firm lease end date.
• Find a subletter. Landlords could be open to subletting to complete the lease term. Check your lease agreement and discuss the idea with the property owner before committing to anything.
• Explore a cash-for-keys settlement. Tenants could offer a lump sum payment in exchange for early lease termination in a cash-for-keys settlement.

Consequences of Tenants Breaking a Lease in Oklahoma

There are a number of significant consequences for breaking a lease early and without legal justification, and they could follow you around for years. While the specifics could vary from situation to situation, here are a few risks to consider before ending your lease early.

• Responsibility for remaining rent: Leaving a lease early doesn’t mean you’re off the hook for the rest of the rent payments. Tenants who break a lease could be responsible for the remainder of the lease term.
• Loss of security deposit: Landlords are legally allowed to withhold funds from the security deposit to cover missed rent payments, cleaning costs, or damage to the unit exceeding normal wear and tear.
• Fees or penalties: Some lease agreements contain language that could require tenants to pay an early termination fee and late fees on rent, which would be the tenant’s responsibility upon breaking the lease.
• Lower credit score: Landlords can report unpaid debt to collections agencies, which could have a long-term impact on your credit rating or your ability to rent property in the future.

Landlord/Tenant Rights and Responsibilities

Oklahoma landlord-tenant law outlines the responsibilities and rights of each party when renting property. As an established set of laws, landlords and tenants must understand what’s expected of them to avoid miscommunication and conflict.

Landlords Have the Right to:

• Collect rent. Landlords are allowed to collect rent owed, including late fees and penalties, as long as it’s outlined in the lease.
• Deduct from the security deposit. Oklahoma landlords can use funds from the security deposit to cover unpaid rent and repair costs.
• Enter the rental unit. Landlords may enter the rental unit to make necessary repairs as long as they give at least 24 hours’ notice.

Landlords are Responsible for:

• Maintaining a habitable unit. Landlords must maintain the property in habitable condition at all times.
• Mitigating damages. If a tenant breaks a lease early, landlords must make a reasonable effort to re-rent the property, which would release the former tenant from their rent obligation.
• Returning the security deposit. All funds not withheld must be returned to the tenant within 6 months of moving out.

Tenants Have the Right to:

• Safe and habitable living conditions. Landlords must make necessary repairs to keep the unit habitable.
• Privacy. Landlords must give proper notice before entering the rental unit.
• Withhold rent for necessary repairs. If the landlord doesn’t make the repairs within 14 days, the tenant can arrange for the repair and deduct the cost from the next rent payment, as long as it does not exceed one month’s rent.

Tenants are Responsible for:

• Following the lease terms. The lease is the defining contract for renting property.
• Keeping sanitary conditions. Tenants must properly dispose of trash and waste.
• Providing proper notice before moving out. Tenants planning to vacate must follow the law and lease when leaving the property.

Legal Help for Landlords and Tenants

Whether you’re the landlord or tenant in a lease-breaking situation, it’s never a bad idea to consult professional help. Here are some resources you could consider when breaking a lease in Oklahoma:

• Oklahoma Bar Association provides access to a legal directory of housing lawyers, some offering no or low-cost services
• Legal Aid Services of Oklahoma gives Oklahomans access to legal advice or legal professionals in housing matters
• LawHelp.org lets people facing housing insecurity connect with resources that could help

Avoid Lease Breaking with TurboTenant

Landlords might find it overwhelming to deal with their tenant breaking a lease in Oklahoma. But TurboTenant is here to help. TurboTenant is free property management software that streamlines workflow and keeps all of your property’s important information in one place.

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• Screen tenants
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Breaking a Lease in Oklahoma FAQs