Breaking a lease in Oklahoma

A fixed-term lease ends on its end date without notice, unless it is ended earlier under the Act or you and the tenant agreed otherwise (for example, a lease that renews or requires notice to end). If a tenant wrongfully leaves early, you must make reasonable efforts to re-rent the unit (41 O.S. § 111(C); 41 O.S. § 129(B)).

• If you re-rent for a term starting before the old lease would have ended, the old lease ends when the new tenancy begins. If you make reasonable efforts but cannot re-rent at a fair rent, the tenant owes the rent or the difference for the rest of the term (41 O.S. § 129(B)).
• If you do not make reasonable efforts to re-rent, or accept the abandonment as a surrender, the lease is treated as ended by you on the date you learn of the abandonment (41 O.S. § 129(B)).
• Every party claiming damages under the Act must mitigate them (41 O.S. § 105(A)).
• A victim of domestic violence, sexual violence or stalking may end the lease without penalty with written notice and a protective order within 30 days of the incident (41 O.S. § 111(F)).See Domestic violence, sexual violence and stalking on the Oklahoma page
• Under federal law, a servicemember may end a lease signed before entering military service, a lease signed while in service on later permanent change of station or deployment orders for 90 days or more, or a lease signed on such orders that a stop movement order then prevents them from occupying; a spouse or dependent may also end it within one year after the servicemember dies in service, and the servicemember may end it within one year after a catastrophic injury or illness in service. For monthly rent, termination on entry, change of station or deployment takes effect 30 days after the next rent due date following delivery of notice, and termination on a stop movement order takes effect when the notice requirements are met (50 U.S.C. § 3955).
• If a tenant holds over willfully and not in good faith, you may sue for possession at once and recover up to twice the average monthly rent, prorated daily, for each month or part of a month (41 O.S. § 111(D)).
• For the federal military termination right, deliver written notice and a copy of the military orders to the lessor or authorized recipient. The statute defines orders to include a commanding officer's notification, certification or verification of current or future duty status, as well as official orders, including separation or retirement. It does not impose a separate military-ID requirement in this notice provision (50 U.S.C. section 3955(c)(1), (i)).
• Federal notice may be delivered by hand, private carrier, properly addressed U.S. mail with sufficient postage and return receipt requested, or the electronic methods in section 3955(c)(2). These include a designated electronic address, an accessible repository and other means reasonably calculated to ensure actual receipt. Keep evidence of the notice and delivery when applying the effective-date rules (50 U.S.C. section 3955(c)(2), (d)(1)).
• Under section 3955, rent for the period before termination is prorated and otherwise lawful unpaid obligations, including reasonable excess-wear charges, remain payable, but no early-termination charge may be imposed. Refund prepaid rent for the period after termination within 30 days of the effective date. Knowingly holding covered belongings or a deposit to secure rent accruing after a lawful termination is prohibited (50 U.S.C. section 3955(e)(1), (f), (h)).
• Sutton v. Jondahl was a 1975 fire-insurer subrogation case. On that record, the court treated the tenant as a co-insured absent an express contrary agreement and rejected the insurer's claimed recovery against the tenant. The opinion does not establish a general lease-termination right or immunity from every damage claim. Its application requires review of the actual lease, coverage and later law (Sutton v. Jondahl, 1975 OK CIV APP2, paragraphs20-26).

If you materially fail to comply with the lease, or fail to comply with your repair and habitability duties in a way that materially affects health or safety, the tenant may give written notice that the lease will end on a date at least 30 days after you receive it unless you fix the problem within 14 days (41 O.S. § 121(A)).

• Repair and deduct: for a breach materially affecting health that repairs costing no more than one month's rent will cure, the tenant may give written notice and, if you do not act within 14 days (or as fast as an emergency requires), have the work done in a workmanlike manner and deduct the actual and reasonable cost after giving you an itemized statement (41 O.S. § 121(B)).
• If you willfully or negligently fail to supply heat, running water, hot water, electricity, gas or another essential service, the tenant may give written notice and then end the lease immediately, buy the service and deduct its cost, recover damages for reduced rental value, or get substitute housing and owe no rent while it lasts (41 O.S. § 121(C)).
• If the unit is uninhabitable or an imminent threat to health and safety and you do not fix it as promptly as conditions require, the tenant may end the lease immediately by written notice describing the problem (41 O.S. § 121(D)).
• None of these rights arises until the tenant gives you written notice, or if the tenant, the tenant's family, pets or guests caused the condition (41 O.S. § 121(E)).
• If fire or other casualty substantially impairs the unit and the tenant did not cause it, the tenant may move out and give written notice within one week to end the lease, or stay in the usable part and pay reduced rent (41 O.S. § 122(A)).

A tenant whose term is two years or less, or who rents at will, may not assign or transfer the tenancy or any part of it without your written consent. If the tenant does, you have the right, after 10 days' notice to quit, to recover possession from the tenant and any subtenant (41 O.S. § 10; 41 O.S. § 11).

• A subtenant has the same remedy against you on the original lease covenants as against the tenant who sublet (41 O.S. § 14).
• Under the Residential Landlord and Tenant Act, a tenant who sublets counts as a landlord toward the subtenant (41 O.S. § 102(5)).

Either you or the tenant may end a month-to-month tenancy by written notice served at least 30 days before the termination date. The 30 days run from the date the notice is served (41 O.S. § 111(A)).

• A tenancy shorter than month-to-month, such as week-to-week, ends on 7 days' written notice (41 O.S. § 111(B)).
• Unless the lease fixes a definite term in writing, the tenancy is month-to-month (week-to-week for a roomer or boarder who pays weekly) (41 O.S. § 110).
• Serve the notice on the tenant personally; if the tenant cannot be located, deliver it to a family member over 12 living with the tenant; if neither can be served, post it in a conspicuous place on the unit and mail a copy by certified mail or through the firm mailing book for accountable mail. Serve a landlord personally or, if that cannot be done, by certified mail (41 O.S. § 111(E)).
• If you consent to a tenant staying after the term ends, a month-to-month tenancy results unless you agree otherwise (41 O.S. § 111(D)).

Return the deposit balance, without interest, within 45 days after the tenancy ends, the tenant delivers possession and the tenant makes a written demand for it. The 45 days do not start until all three have happened (41 O.S. § 115(B)).

• You may apply the deposit to accrued rent and to damages caused by the tenant's noncompliance with the Act or the lease, itemized in a written statement (41 O.S. § 115(B)).
• Deliver the itemized statement by mail, return receipt requested, signed for by a person of statutory service age at the address, or in person to the tenant if the tenant can reasonably be found (41 O.S. § 115(B)).
• If the tenant makes no written demand within six months after the tenancy ends, the deposit reverts to you and the tenant's interest in it ends (41 O.S. § 115(B)).
• If you do not comply with the deposit section, the tenant may recover the deposit and any prepaid rent owed. Either side may still recover other damages the Act allows (41 O.S. § 115(E); 41 O.S. § 115(G)).
• When your interest in the property ends, for example by sale, transfer the deposits to the new owner and tell the tenants in writing the new owner's name and address, or return the deposits to the tenants (41 O.S. § 115(C)).