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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 465 By: Montgomery of the Senate
and
Pae of the House
An Act relating to the Oklahoma Residential Landlord
and Tenant Act; amending 41 O.S. 2021, Section 111,
which relates to termination of tenancy; authorizing
termination of rental payments upon certain notice;
allowing return of deposit under certain
circumstances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 41 O.S. 2021, Section 111, is
amended to read as follows:
Section 111. A. Except as otherwise provided in the Oklahoma
Residential Landlord and Tenant Act, when t he tenancy is month-to-
month or tenancy at will, the landlo rd or tenant may terminate the
tenancy provided the landlord or tenant gives a written notice to
the other at least thirty (30) days before t he date upon which the
termination is to become effectiv e. The thirty-day period to
terminate shall begin to run f rom the date notice to terminate is
served as provided in subsection E of this section.
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B. Except as otherwise provided in the Oklahoma Resi dential
Landlord and Tenant Act, when the tenancy is les s than month-to-
month, the landlord or tenant may terminate the tenancy provided the
landlord or tenant gives to the other a writ ten notice served as
provided in subsection E of this section at least seven (7) days
before the date upon which the terminatio n is to become effective.
C. Unless earlier terminated und er 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 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 rec over an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that 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 pa rties otherwise
agree.
E. The written notice, required by the Okla homa Residential
Landlord and Tenant Act, to terminate any t enancy shall be served on
the tenant or landlord personally unless otherwise specified by l aw.
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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 w ith the tenant. If service cannot be
made on the tenant pe rsonally or on such family membe r, notice shall
be posted at a conspic uous 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 mail or by mailing such notice through the
Firm Mailing Book for Accountable Mai l as provided by the United
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 t o receive service of process and notic e
pursuant to Section 116 of this title.
F. A victim of domestic violence, sexual violence or stalking
may terminate a lease w ithout penalty by providing written notice
and a protective order of an incident of such vi olence within thirty
(30) days of such incident, unless the landlord waives such time
period. Once notice is given to the landlord and a rental payment
is made for the thirty-day period, no further rental payment shall
be due and the lease shall be terminated. Any deposit amount may be
returned to the tenant in the same manner as if t he lease were not
terminated.
G. The provisions of this section shall not apply to an
occupant who has no rental agreement with the landlord and with whom
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the landlord has not consented to creating a tenancy. A landlord
shall have the right to demand that such an occupant vac ate the
dwelling unit or the premises or both and shall not be r equired to
commence eviction proceedings. If the occupa nt 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. This act shall become effective Nov ember 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON RURAL DEVELOPMENT, dated
04/11/2023 - DO PASS.