RESIDENTIAL LEASE AGREEMENT

(State of Oklahoma)

[// GUIDANCE: This template is drafted for use with residential, non-commercial property located in Oklahoma and is intended to comply with the Oklahoma Residential Landlord and Tenant Act (“ORLTA”), 41 OKLA. STAT. §§ 101–136. Customize all bracketed text before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

RESIDENTIAL LEASE AGREEMENT (“Agreement”) made and entered into as of the [Effective Date] (the “Effective Date”) by and between:

• Landlord: [LANDLORD LEGAL NAME], a [state & entity type], having an address at [Landlord Address] (“Landlord”); and
• Tenant: [TENANT LEGAL NAME], having an address at [Tenant Address] (“Tenant”).

Recitals

A. Landlord is the lawful owner of the residential real property known as [Street Address, City, OK ZIP], together with all appurtenant improvements and common areas (collectively, the “Property”).
B. Tenant desires to lease from Landlord, and Landlord desires to lease to Tenant, the dwelling unit described herein on the terms and conditions set forth below, for good and valuable consideration, the receipt and sufficiency of which are acknowledged.

2. DEFINITIONS

For ease of reference, the following capitalized terms are used herein with the meanings set forth below:

“Applicable Law” – All federal, state, and local statutes, ordinances, regulations, and case law governing residential tenancies in Oklahoma, including without limitation the ORLTA.

“Commencement Date” – The date on which the Lease Term begins, as specified in Section 3.1.

“Lease Term” – The fixed period during which Tenant is entitled to possession of the Premises, as set forth in Section 3.1.

“Oklahoma Housing Court” – The state district court of competent jurisdiction adjudicating forcible entry and detainer (eviction) actions arising under Title 41 of the Oklahoma Statutes.

“Oklahoma Residential Landlord and Tenant Act” or “ORLTA” – Title 41 of the Oklahoma Statutes §§ 101–136.

“Premises” – The specific dwelling unit within the Property leased to Tenant, more particularly described in Section 3.1(a).

“Rent” – Base Monthly Rent plus any Additional Rent due under this Agreement.

“Security Deposit” – The deposit described in Section 3.3, governed by 41 OKLA. STAT. § 115 (2023).

“Service of Process Address” – Each Party’s notice address listed in Section 9.6.

3. OPERATIVE PROVISIONS

3.1 Lease Term; Premises

a. Premises. Landlord hereby leases to Tenant the residential dwelling unit identified as [Unit/Apartment No.] (the “Premises”).
b. Lease Term. The Lease Term shall commence on [Commencement Date] and shall expire at 11:59 p.m. on [Expiration Date], unless earlier terminated pursuant to this Agreement or Applicable Law.
c. Hold-over. Any hold-over shall create a month-to-month tenancy subject to all provisions herein and may be terminated by either Party upon thirty (30) days’ written notice.

3.2 Rent; Payment

a. Base Monthly Rent. Tenant shall pay to Landlord base monthly rent of $[Amount] (“Base Monthly Rent”) in advance on or before the [day] of each calendar month.
b. Method of Payment. Rent shall be paid by [acceptable methods—e.g., check, ACH, online portal] to Landlord at the Service of Process Address or such other place designated in writing.
c. Late Charge. If Rent is not received by Landlord within [5] calendar days after the due date, Tenant shall pay a late charge of $[Amount or %] as Additional Rent, not to exceed the maximum permitted under Applicable Law.
d. Returned Check Fee. $[Amount] per returned item, plus bank charges.

3.3 Security Deposit

a. Amount. Upon execution, Tenant shall deposit $[Amount—may not exceed equivalent of one month’s rent unless otherwise permitted] with Landlord as the Security Deposit.
b. Statutory Compliance. Landlord shall hold the Security Deposit in a federally-insured escrow account in accordance with 41 OKLA. STAT. § 115(A) (2023) and shall not commingle such funds with operating or personal funds.
c. Return. Within forty-five (45) days after (i) termination of tenancy, and (ii) Tenant’s written demand, Landlord shall return the unused portion of the Security Deposit, together with a written itemization of any lawful deductions, to Tenant at the forwarding address provided by Tenant, consistent with 41 OKLA. STAT. § 115(B)–(C) (2023).
d. Default Allocation. Landlord may apply the Security Deposit to unpaid Rent, damages beyond ordinary wear and tear, and other charges due. Application shall not limit Landlord’s other remedies.
e. Liability Cap. The Parties agree that, except for claims arising from (i) gross negligence or willful misconduct, (ii) personal injury, or (iii) statutory penalties, Landlord’s aggregate liability to Tenant under this Agreement is limited to the amount of the Security Deposit actually held by Landlord. [// GUIDANCE: This clause reflects the “Liability Caps: security_deposit” metadata; review for enforceability under your specific circumstances.]

3.4 Utilities

Tenant shall be responsible for and shall timely pay all utilities serving the Premises not expressly included in the Rent, including [electricity, gas, water, sewer, trash, internet, etc.]. Utilities included in Rent: [List or “None”].

3.5 Use & Occupancy

a. Permitted Use. Residential occupancy by no more than [Number] persons; no commercial, unlawful, or nuisance activities.
b. Guests. Guests staying longer than [14] consecutive days within any [60]-day period require Landlord’s prior written consent.
c. Pets. [Permitted/Not permitted/Conditional]. If permitted, Tenant shall execute Landlord’s pet addendum and pay any applicable pet deposit or fee.

3.6 Condition Precedent—Insurance

Prior to taking possession, Tenant shall deliver evidence of renter’s liability insurance with minimum coverage of $[Amount] per occurrence, naming Landlord as an additional insured.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations
a. Authority; Title. Landlord holds legal title to the Property and has full authority to enter into and perform this Agreement.
b. Habitability. On the Commencement Date, the Premises will be in compliance with the habitability requirements of 41 OKLA. STAT. § 118 (2023).
c. Compliance. Landlord will comply with all Applicable Law during the Lease Term.

4.2 Tenant Representations
a. Authority; Identity. Tenant is at least eighteen (18) years of age and legally competent to execute this Agreement.
b. Accuracy of Application. All information provided by Tenant in any rental application is true, correct, and complete in all material respects.
c. Intended Use. Tenant intends to occupy the Premises as Tenant’s primary residence.

4.3 Survival. The representations and warranties herein shall survive the execution and delivery of this Agreement and any termination or expiration hereof to the extent necessary to enforce the same.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants
a. Maintenance. Landlord shall (i) maintain all common areas in a clean and safe condition, and (ii) keep in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and other facilities supplied by Landlord, consistent with 41 OKLA. STAT. § 118(A).
b. Quiet Enjoyment. Tenant shall have the right to quiet enjoyment of the Premises, subject to the terms hereof and Applicable Law.

5.2 Tenant Covenants
a. Care of Premises. Tenant shall keep the Premises reasonably clean and safe, dispose of trash in a clean and safe manner, keep plumbing fixtures clean, and use all appliances reasonably, as required by 41 OKLA. STAT. § 127.
b. Repairs. Tenant shall promptly notify Landlord in writing of any condition requiring repair; Tenant shall be liable for damage due to Tenant’s negligent or willful acts or those of Tenant’s guests.
c. Alterations. No structural alterations, painting, or improvements without Landlord’s prior written consent.
d. Legal Compliance. Tenant shall comply with all Applicable Law, including noise ordinances and HOA rules (if any).

5.3 Entry by Landlord
Upon giving no less than twenty-four (24) hours’ prior notice, Landlord may enter the Premises at reasonable times to inspect, make repairs, supply services, or show the Premises to prospective purchasers or tenants, except in case of emergency (in which case no prior notice is required), consistent with 41 OKLA. STAT. § 128.

6. DEFAULT & REMEDIES

6.1 Tenant Defaults
Events of default include:
(i) Failure to pay Rent or any monetary obligation when due;
(ii) Material breach of any covenant;
(iii) Unlawful conduct or nuisance;
(iv) Abandonment of the Premises.

6.2 Notice & Cure
a. Monetary Defaults. Landlord shall serve a five (5)-day written notice to quit for non-payment of Rent pursuant to 41 OKLA. STAT. § 131.
b. Non-Monetary Defaults. For curable, non-monetary defaults, Landlord shall provide a fifteen (15)-day notice specifying the breach and opportunity to cure.
c. Irremediable Defaults. For breaches incapable of cure, Landlord may proceed immediately to remedies.

6.3 Landlord Remedies
a. Eviction. Upon expiration of any applicable cure period, Landlord may file a forcible entry and detainer action in Oklahoma Housing Court.
b. Accelerated Rent. Upon lawful termination for Tenant’s default, the entire balance of Rent for the remainder of the Lease Term shall become immediately due and payable as liquidated damages, discounted to present value at [4]% per annum.
c. Injunctive Relief. Landlord may obtain temporary or permanent injunctive relief to recover possession or prevent continuing violations.
d. Attorneys’ Fees. The prevailing party in any action to enforce this Agreement shall be entitled to reasonable attorneys’ fees and court costs, as permitted by 41 OKLA. STAT. § 130.

6.4 Landlord Default; Tenant Remedies
If Landlord materially breaches this Agreement or Applicable Law and fails to cure within fourteen (14) days after written notice, Tenant may (i) terminate the Lease, or (ii) pursue any other remedy available at law or in equity.

7. RISK ALLOCATION

7.1 Indemnification by Tenant
Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from any and all claims, damages, and expenses (including reasonable attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, or (ii) any breach of this Agreement by Tenant, except to the extent arising from Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability
Except as expressly provided in Section 3.3(e) (Security Deposit Cap) or to the extent prohibited by law, neither Party shall be liable for special, consequential, or punitive damages.

7.3 Insurance Requirements
Each Party shall maintain insurance as set forth in Section 3.6. Tenant’s failure to maintain insurance shall constitute a material default.

7.4 Force Majeure
Neither Party shall be liable to the other for failure to perform due to acts of God, war, terrorism, pandemic, governmental orders, or other events beyond such Party’s reasonable control, provided that the affected Party gives prompt written notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to conflicts-of-law principles.

8.2 Forum Selection
The Parties consent to exclusive jurisdiction and venue in the Oklahoma Housing Court (or a successor court of competent jurisdiction) located in the county where the Property is situated.

8.3 Arbitration Excluded
The Parties expressly agree that disputes shall not be submitted to binding arbitration. Nothing herein shall be construed as a waiver of the right to seek judicial relief.

8.4 Jury Trial
Nothing in this Agreement shall be deemed or construed as a waiver of either Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief
Nothing herein limits either Party’s right to seek injunctive or other equitable relief, including but not limited to eviction proceedings authorized under 41 OKLA. STAT. § 132.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers
No amendment or waiver of any provision shall be effective unless in writing and signed by both Parties. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

9.2 Assignment & Subletting
Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion, except as otherwise mandated by Applicable Law.

9.3 Successors & Assigns
Subject to Section 9.2, this Agreement shall bind and benefit the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted to fulfill its intended economic purpose to the maximum extent permitted.

9.5 Entire Agreement
This Agreement, including any exhibits and addenda, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and negotiations.

9.6 Notices
All notices required or permitted hereunder shall be in writing and delivered (i) in person, (ii) by certified U.S. mail, return receipt requested, or (iii) by nationally-recognized overnight courier, to the following Service of Process Addresses (or such other address as either Party may designate by notice):

Landlord: [Address]
Tenant: [Address]

Notices shall be deemed effective (a) upon receipt if delivered in person, (b) three (3) business days after mailing, or (c) one (1) business day after deposit with overnight courier.

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together constitute one instrument. Electronic signatures shall be deemed originals and enforceable to the fullest extent permitted by Applicable Law.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT – use if required for recordation or local practice]

[// GUIDANCE:
1. Attach any necessary addenda (Lead-Based Paint Disclosure, Pet Addendum, Rules & Regulations, HOA Covenants, etc.).
2. Confirm that local municipal ordinances (e.g., occupancy limits, inspection requirements) do not impose additional obligations.
3. Verify the enforceability of the liability cap in Section 3.3(e); certain damages (e.g., statutory penalties) may not be limited by contract.
4. Provide Tenant with all statutorily-required information sheets, including but not limited to a copy of the ORLTA if requested.]