There are both justified and unjustified reasons for breaking a lease in Oklahoma. Breaking a lease is a different process than evicting a tenant. As a landlord, it’s important that you familiarize yourself with these rules and regulations to stay informed. early lease termination proper notice rent rent notice
Admittedly, though, many tenants who sign a lease intend to stay for the entire lease term. This is usually between 6 and 12 months. However, certain situations may force a tenant to break it early.
For instance, the tenant may join active military duty, buy a home, or even get divorced. If any of these scenarios would happen, what options would you have?
In today’s article, we’ll go over both the justified and unjustified reasons to terminate a lease agreement early in Oklahoma.
Rental Agreement in Oklahoma
As a landlord, it’s imperative that you require tenants to sign a lease agreement before moving into the rental property. It should be clear, brief, and concise. In addition to this, you must make sure that the tenant knows that it is legally binding for the entire lease period.
Some important details the lease agreement should cover include the following.
- The penalties the tenant could be liable to pay for with an early lease termination.
- Include an early termination clause.
- The notice the tenant must provide you before moving out of the premises. As per Oklahoma Statutes Title 41, the notice needed must coincide with the rent payment frequency. If the tenant pays rent on a monthly basis, for instance, the tenant must provide a 30 days’ advance notice.
- Your responsibility as a landlord to re-rent the unit. As per state law, OK landlords have a legal duty to make reasonable effort to re-rent the unit after a tenant breaks their lease agreement.
Unjustified Reasons for Breaking a Lease in Oklahoma
In Oklahoma, tenants have the right to break their lease early in certain situations. For instance, if the rental property is no longer habitable or if the tenant starts active military duty.
However, some reasons for breaking a lease may not be enough to let a tenant off the hook from their lease terms. The following are some specific responsibilities.
- Moving closer to family.
- Buying a home.
- Not getting along with some neighbors.
- Getting divorced or separated.
- No longer want to pay rent.
Such reasons for breaking a lease are legally unjustified and may not relieve the tenant of their responsibilities. Consequently, the tenant will still be liable for paying all rent due under the lease, unless otherwise agreed upon in the early termination clause in the lease.
Please note, however, that OK landlord-tenant law still requires landlords to “mitigate damages.” In other words, you must make reasonable efforts to re-rent the unit after the tenant terminates the lease.
Justified Reasons for Breaking a Lease in Oklahoma
The following reasons give Oklahoma tenants a right to break their lease early without penalty and have their security deposit returned.
Active Military Duty
Federal law allows tenants starting military duty to break their lease early without penalty. The Servicemembers Civil Relief Act requires that the tenant meets all of the following conditions.
- Must be an active duty member.
- Must receive an order for relocation (PCS) or deployment. The period of active duty in the new location must be at least ninety days.
- Must have signed the lease before enlisting in the army.
As a landlord, you are entitled to require the tenant to show proof of their military assignment. Specifically, you may require them to provide you with a copy of their military ID, as well as copies of the orders from their boss.
Domestic Violence
State law gives tenants the right to break their lease early for domestic violence reasons. This includes victims of domestic violence, sexual abuse, stalking, and sexual assault.
And of course, for the tenant to exercise this right, they must provide evidence. The proof can include documentation of the violence from a qualified healthcare provider, or a copy of a temporary injunction or protective order.
In addition to the documentation, the tenant must provide you with a 30 days’ written termination notice.
Unlivable Conditions
As a savvy landlord, you know that keeping your Oklahoma unit habitable is key to your success. According to state law, the minimum habitability requirements include providing the tenant with the following.
- Running water (both hot and cold).
- Proper electrical and plumbing.
- Working sanitation facilities.
- Providing habitable conditions for your tenant will not only ensure they are comfortable, but also that you’re legally compliant.
Death of the Tenant
This is another legal justification in Oklahoma that can allow a tenant to break their lease early without penalty. The tenant’s estate can terminate the lease early before the lease expires.
The tenant must have been the sole occupier of the property and must have signed the lease for this reason to be legitimate. If the deceased tenant has a minor, you can work out a solution with their guardian.
Landlord Harassment
A tenant in Oklahoma may also be able to terminate their lease legally in case of landlord harassment. Before doing so, however, a court must have determined that the tenant was indeed harassed.
Under state law, some of the actions that qualify as landlord harassment include the following.
Repeatedly entering the tenant’s unit without notifying them first. Generally, rental property owners are required to provide a 24 hours’ advance notice.
Evicting the tenant constructively or illegally. For example, trying to evict them by turning off their utilities, removing their exterior windows or doors, or changing their locks without their consent.
That’s why it’s important to familiarize yourself with Oklahoma laws. By doing so, you will know your rights and responsibilities, and by extension, what you can and cannot do under state law.
Disability
A tenant who is physically or mentally disabled may also be able to break their lease early in Oklahoma. Qualifying impairments include autism, muscular dystrophy, cerebral palsy, HIV, epilepsy, multiple sclerosis, hearing impairments, and diabetes.
Bottom Line
Both landlords and tenants have certain rights and responsibilities when it comes to early lease termination. As a landlord, knowing this will help you stay legally compliant all while solidifying your landlord-tenant relationship.
If you have any questions or need property management assistance, please reach out to Crossroads Property Management. As your trusted property management company, we’d love to help you run a successful rental investment portfolio in Lawton, OK. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.