Breaking a Lease Early in Oklahoma: What Are My Options?

If you leave without a legal reason

1. 1

   Say you leave and give up the home during your lease without a legal right to. Your landlord must make reasonable efforts to rent it again. Your landlord may rent it for a term that starts before your lease ends. Then your lease ends on the day the new tenancy (the new renter's right to live there) begins.

   Source:

   1. 41 O.S. § 129(B), Oklahoma Legislature. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   Say your landlord makes reasonable efforts but cannot rent the home again for a fair rent. Then you owe the entire rent, or the difference in rent, whichever is appropriate, for the rest of your lease. For a month-to-month lease, the lease term is treated as one month.

   Source:

   1. 41 O.S. § 129(B), Oklahoma Legislature. Law.
3. 3

   For example, say you have 6 months left on your lease at $1,000 a month. If no one rents the home, your landlord can claim the entire rent, about $6,000. If it is rented for $800 a month, your landlord can claim the difference, about $1,200.

   Sources:

   1. Our editorial rules.
   2. 41 O.S. § 129(B), Oklahoma Legislature. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

4. 4

   Your landlord may fail to try reasonably to rent the home again. Or your landlord may accept your leaving as a surrender (a giving back of the home). Then your lease ends on the day your landlord learns you left.

   Source:

   1. 41 O.S. § 129(B), Oklahoma Legislature. Law.

When you can leave early

5. 5

   Say your landlord seriously breaks your lease, or a landlord duty under the state's landlord law that seriously affects health or safety. Send a written notice that says what is wrong. The law gives your landlord 14 days after they get it to fix the problem. If they do not, your lease ends on the date in your notice, at least 30 days after your landlord gets it.

   Source:

   1. 41 O.S. § 121(A), Oklahoma Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

6. 6

   Say your landlord, on purpose or by not taking care, fails to supply heat, running water, hot water, electric, gas or another essential service. Send a written notice that says what is wrong. Then you can end your lease right away by written notice. You can also pay a reasonable cost for the service and take it out of your rent. Or you can get reasonable substitute housing, and owe no rent for that time.

   Source:

   1. 41 O.S. § 121(C), Oklahoma Legislature. Law.
7. 7

   Your landlord may break the lease or a landlord duty under the state's landlord law. That can make your home uninhabitable (not fit to live in) or an imminent threat (a danger about to happen) to anyone living there. If your landlord does not fix it as promptly as conditions require, you can end your lease right away. Send a written notice that says what is wrong.

   Source:

   1. 41 O.S. § 121(D), Oklahoma Legislature. Law.
8. 8

   You can end your lease over your landlord's failure only after you give written notice. These rights do not apply if you caused the problem on purpose or by being careless. The same goes for a family member, your pet, or another person or animal there with your consent.

   Source:

   1. 41 O.S. § 121(E), Oklahoma Legislature. Law.

How to leave

9. 9

   To end a month-to-month tenancy (the right to live in the home), give written notice at least 30 days before the end date. The 30 days start the day the notice is served. Serve it on your landlord (anyone authorized to receive legal papers and notices) in person, unless the law says otherwise. If you cannot, mail it by certified mail. Save texts and emails too.

   Sources:

   1. Our editorial rules.
   2. 41 O.S. § 111(A), Oklahoma Legislature. Law.

After you move out

10. 10

    Your landlord can keep part of your deposit for rent, damage or other charges the law or your lease allows. The law gives your landlord 45 days to return the rest, without interest. The 45 days start after your tenancy (your right to live in the home) ends, you hand over the home and you ask in writing. If you do not ask within 6 months, the deposit goes to your landlord.

    Source:

    1. 41 O.S. § 115(B), Oklahoma Legislature. Law.
    Tip.

    Before you leave, clean the home and take photos of how you left it.

11. 11

    If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

    Sources:

    1. Our editorial rules.
    2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
    3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
12. 12

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

13. 13

    If you are a victim of domestic violence, sexual violence or stalking, you can end your lease without a charge for ending early. Tell your landlord in writing. Give your landlord a protective order (a court order to keep you safe). Do both within 30 days after it happened. Your landlord may give you more time.

    Source:

    1. 41 O.S. § 111(F), Oklahoma Legislature. Law.