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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 200 By: Montgomery of the Senate
and
Pae and Nichols of the
House
An Act relating to landlord and tenant; amending 41
O.S. 2011, Sections 111, as last amended by Section
1, Chapter 115, O.S.L. 2019, and 113 (41 O.S. Supp.
2020, Section 111), which relate to termination of
tenancy and rental agreements; authorizing early
termination of tenancy under certain circumstances;
providing for liability for certain economic loss;
prohibiting certain provision in rental agreement;
prohibiting denial of tenancy under certain
circumstances; updating statutory references;
providing for codification; and providing an
effective date.
AUTHOR: Add the following House Coauthor s: Fugate and Ranson
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"An Act relating to landlord and tenant; amending 41
O.S. 2011, Sections 111, as last amended by Section
1, Chapter 115, O.S.L. 2019, and 113 (41 O.S. Supp.
2020, Section 111), which relate to termination of
tenancy and rental agreements; authorizing early
termination of tenancy under certain circumstances;
providing for liability for certain economic loss;
prohibiting certain provision in rental agreement;
prohibiting denial of tenancy under certain
circumstances; updating statutory references;
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providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 41 O.S. 2011, S ection 111, as last
amended by Section 1, Chapter 115, O.S.L. 2019 (41 O.S. Supp. 2020,
Section 111), is amended to read as follows:
Section 111. A. Except as otherwise provided in the Oklahoma
Residential Landlord and Tenant Act, when the tenancy is mon th-to-
month or tenancy at will, the landlord or tenant may terminate the
tenancy provided the landlord or tenant gives a written notice to
the other at least thirty (30) days before the date upon which the
termination is to become effective. The thirty -day period to
terminate shall begin to run from the date notice to terminate is
served as provided in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is less than month -to-
month, the landlord or tenant may terminate the tenancy provided the
landlord or tenant gives to the other a written notice served as
provided in subsection E of this section at least seven (7) days
before the date upon which the termination is to become ef fective.
C. Unless earlier terminated under the provisions of the
Oklahoma Residential Landlord and Tenant Act or unless otherwise
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agreed upon, a tenancy for a definite term expires on the ending
date thereof without notice.
D. If the tenant remains in p ossession without the landlord’s
consent after the expiration of the term of the rental agreement or
its termination under the Oklahoma Residential Landlord and Tenant
Act, the landlord may immediately bring an action for possession and
damages. If the tenant’s holdover is willful and not in good faith
the landlord may also recover an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that said the tenant remains in
possession. If the landlord consents to the tenant’s continued
occupancy, a month-to-month tenancy is thus created, unless the
parties otherwise agree.
E. The written notice, required by the Oklahoma Residential
Landlord and Tenant Act, to terminate any tenancy shall be served on
the tenant or landlord personally unless otherwise specified by law.
If the tenant cannot be located, service shall be made by delivering
the notice to any family member of such tenant over the age of
twelve (12) years residing with the tena nt. If service cannot be
made on the tenant personally or on such family member, notice shall
be posted at a conspicuous place on the dwelling unit of the tenant.
If the notice is posted, a copy of such notice shall be mailed to
the tenant by certified m ail or by mailing such notice through the
Firm Mailing Book for Accountable Mail as provided by the United
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States Post Office. If service cannot be made on the landlord
personally, the notice shall be mailed to the landlord by certified
mail. For the purpose of this subsection, the word “landlord” shall
mean any person authorized to receive service of process and notice
pursuant to Section 116 of this title.
F. A victim of domestic violence, sexual violence or stalking
may terminate a lease without penal ty by providing written notice
and a protective order of an incident of such violence within thirty
(30) days of such incident, unless the landlord waives such time
period.
G. The provisions of this section shall not apply to an
occupant who has no rent al agreement with the landlord and with whom
the landlord has not consented to creating a tenancy. A landlord
shall have the right to demand that such an occupant vacate the
dwelling unit or the premises or both and shall not be required to
commence eviction proceedings. If the occupant wrongfully fails to
comply within a reasonable time, the occupant shall, upon
conviction, be guilty of a trespass and may be punished by a fine
not to exceed Five Hundred Dollars ($500.00).
SECTION 2. AMENDATORY 41 O.S. 2011, Section 113, is
amended to read as follows:
Section 113. A. A rental agreement may not provide that either
party thereto:
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1. Agrees to waive or forego rights or remedies under this act
the Oklahoma Residential Landlord and Te nant Act;
2. Authorizes any person to confess judgment on a claim arising
out of the rental agreement;
3. Agrees to pay the other party’s attorney’s fees;
4. Agrees to the exculpation, limitation or indemnification of
any liability arising under law for damages or injuries to persons
or property caused by or resulting from the acts or omissions of
either party, their agents, servants or employees in the operation
or maintenance of the dwelling unit or the premises of which it is a
part; or
5. Agrees to the establishment of a lien except as allowed by
this act the Oklahoma Residential Landlord and Tenant Act in and to
the property of the other party ; or
6. Agrees to waive or limit his or her right to summon a peace
officer or other emergency assistance i n an emergency.
B. A provision prohibited by subsection A of this section and
included in a rental agreement is unenforceable.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 113.3 of Titl e 41, unless there
is created a duplication in numbering, reads as follows:
A landlord shall not deny, refuse to renew or terminate a
tenancy because the applicant, tenant or member of the household is
a victim or alleged victim of domestic violence, sexua l violence or
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stalking regardless of whether there exists a current protective
order. A landlord shall not deny a tenancy or retaliate against a
tenant because the applicant or tenant has previously terminated a
rental agreement because the applicant or t enant is a victim of
domestic violence, sexual violence or stalking.
SECTION 4. This act shall become effective November 1, 2021. "
Passed the House of Representatives the 12th day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 200 By: Montgomery of the Senate
and
Pae and Nichols of the
House
An Act relating to landlord and tenant; amendi ng 41
O.S. 2011, Sections 111, as last amended by Section
1, Chapter 115, O.S.L. 2019, and 113 (41 O.S. Supp.
2020, Section 111), which relate to termination of
tenancy and rental agreements; authorizing early
termination of tenancy under certain circumsta nces;
providing for liability for certain economic loss;
prohibiting certain provision in rental agreement;
prohibiting denial of tenancy under certain
circumstances; updating statutory references;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. AMENDATORY 41 O.S. 2011, Section 111, as last
amended by Section 1, Chapter 115, O.S.L. 2019 (41 O.S. Supp. 2020,
Section 111), is amended to read as follows:
Section 111. A. Except as otherwise provided in the Oklahoma
Residential Landlord and Tenant Act, when the tenancy is month -to-
month or tenancy at will, the landlord or tenant may terminate the
tenancy provided the landlord or tenant gives a written not ice to
the other at least thirty (30) days before the date upon which the
termination is to become effective. The thirty -day period to
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terminate shall begin to run from the date notice to terminate is
served as provided in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is less than month -to-
month, the landlord or tenant may terminate the tenancy provided the
landlord or tenant gives to the other a written notice served as
provided in subsection E of this section at least seven (7) days
before the date upon which the termination is to become effective.
C. Unless earlier terminated under the provisions of the
Oklahoma Residential Landlord and Tenant Act or unless otherwise
agreed upon, a tenancy for a definite term expires on the ending
date thereof without notice.
D. If the tenant remains in possession without the landlord’s
consent after the expiration of the term of the rental agreement or
its termination under the Oklah oma Residential Landlord and Tenant
Act, the landlord may immediately bring an action for possession and
damages. If the tenant’s holdover is willful and not in good faith
the landlord may also recover an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that said the tenant remains in
possession. If the landlord consents to the tenant’s continued
occupancy, a month-to-month tenancy is thus created, unless the
parties otherwise agree.
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E. The written notice, required by the Oklahoma Residential
Landlord and Tenant Act, to terminate any tenancy shall be served on
the tenant or landlord personally unless otherwise specified by law.
If the tenant cannot be located, service shall b e made by delivering
the notice to any family member of such tenant over the age of
twelve (12) years residing with the tenant. If service cannot be
made on the tenant personally or on such family member, notice shall
be posted at a conspicuous place on t he dwelling unit of the tenant.
If the notice is posted, a copy of such notice shall be mailed to
the tenant by certified mail or by mailing such notice through the
Firm Mailing Book for Accountable Mail as provided by the United
States Post Office. If s ervice cannot be made on the landlord
personally, the notice shall be mailed to the landlord by certified
mail. For the purpose of this subsection, the word “landlord” shall
mean any person authorized to receive service of process and notice
pursuant to Section 116 of this title.
F. A victim of domestic violence, sexual violence or stalking
may terminate a lease without penalty by providing written notice
and either a protective order or a police report of an incident of
such violence within thirty (30) d ays of such incident, unless the
landlord waives such time period. The perpetrator of such violence
may be held civilly liable for any economic loss incurred by the
landlord as a result of the early lease termination.
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G. The provisions of this section sh all not apply to an
occupant who has no rental agreement with the landlord and with whom
the landlord has not consented to creating a tenancy. A landlord
shall have the right to demand that such an occupant vacate the
dwelling unit or the premises or both and shall not be required to
commence eviction proceedings. If the occupant wrongfully fails to
comply within a reasonable time, the occupant shall, upon
conviction, be guilty of a trespass and may be punished by a fine
not to exceed Five Hundred Dollars ($500.00).
SECTION 6. AMENDATORY 41 O.S. 2011, Section 113, is
amended to read as follows:
Section 113. A. A rental agreement may not provide that either
party thereto:
1. Agrees to waive or forego rights or remedies under this act
the Oklahoma Residential Landlord and Tenant Act ;
2. Authorizes any person to confess judgment on a claim arising
out of the rental agreement;
3. Agrees to pay the other party’s attorney’s fees;
4. Agrees to the exculpation, limitation or indemnific ation of
any liability arising under law for damages or injuries to persons
or property caused by or resulting from the acts or omissions of
either party, their agents, servants or employees in the operation
or maintenance of the dwelling unit or the premi ses of which it is a
part; or
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5. Agrees to the establishment of a lien except as allowed by
this act the Oklahoma Residential Landlord and Tenant Act in and to
the property of the other party ; or
6. Agrees to waive or limit his or her right to summon a p eace
officer or other emergency assistance in an emergency .
B. A provision prohibited by subsection A of this section and
included in a rental agreement is unenforceable.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 113.3 of Title 41, unless there
is created a duplication in numbering, reads as follows:
A landlord shall not deny, refuse to renew or terminate a
tenancy because the applicant, tenant or member of the household is
a victim or alleged victim of domestic violence, sexual violence or
stalking regardless of whether there exists a current protective
order. A landlord shall not deny a tenancy or retaliate against a
tenant because the applicant or tenant has previously terminated a
rental agreement because the applicant or tenant is a victim of
domestic violence, sexual violence or stalking.
SECTION 8. This act shall become effective November 1, 2021.
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Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives