Breaking a lease can be a difficult situation for both you and your tenant. A tenant may need to move out earlier than expected due to various reasons, such as relocating for work or purchasing a new home. As a landlord, it can be a challenge to find a new tenant to fill the vacancy.

Here’s what you need to know about your rights and responsibilities regarding early lease termination in Oklahoma. Keep reading!

Rental Agreements in Oklahoma 

As a landlord, you need to make sure that your lease covers certain essential clauses, especially regarding early lease termination. The clauses need to cover things like:

• The length of time the lease will be active. 
• The penalties for early lease termination for unjustifiable reasons. 
• The legally justifiable reasons for breaking a lease early in Oklahoma. 
• Notice requirements before a tenant can move out. 

You may also want the tenant to know whether you have any legal responsibility to re-rent a unit after a tenant leaves. Under Oklahoma law, landlords must do so. You must make reasonable efforts to re-rent the premises rather than hold the tenant liable for all rent due under the lease. 

This legal doctrine is meant to minimize the financial burden a tenant has after breaking their lease. If you’re lucky in finding a new tenant, the tenant would only be responsible for only a fraction of the total rent due. However, if you’re unlucky, the tenant would still need to pay the entire rent due. 

When Breaking a Lease in Oklahoma Is Legally Unjustified

Breaking a lease in Oklahoma is legally unjustified in certain situations. The following are some examples. 

• If the tenant moves into the house they bought. 
• Relocating to a new job or school, or moving closer to family. 
• Moving out due to divorce or separation. 

These reasons have no legal basis for a tenant to break their lease early. Consequently, the tenant may be liable to hefty financial penalties if they choose to break their lease for such reasons. 

When Breaking a Lease in Oklahoma Is Legally Justified

Physical or Mental Disability 

As with all other states, tenants can break their lease early without penalty if they are disabled. Not all forms of disabilities qualify, though. Under the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA), only the following conditions qualify. 

• HIV
• Epilepsy
• Autism
• Cerebral palsy
• Diabetes
• Multiple sclerosis
• Heart disease

Early Termination Clause

A tenant may be able to break their lease early if there is an early termination clause in the lease agreement. This clause usually requires the tenant to pay a penalty fee, typically two months’ rent, and provide ample notice, usually 30 days. 

Domestic or Sexual Violence 

Victims of stalking, sexual assault, or domestic violence have a right to break their lease early under Oklahoma law. The tenant must be able to verify their claim. They can do so by providing you with proper documentation from a licensed healthcare provider. A copy of a court-issued protective order or temporary injunction will also suffice. 

In addition to providing proper documentation, the tenant must also serve you proper notice. The notice must be at least 30 days before the tenant can move out. 

Violation of the Tenant’s Privacy

Tenants in Oklahoma have a right to privacy. As a landlord, you cannot go through the tenant’s unit or belongings without a valid reason. Valid reasons include showing the property to prospective tenants, making needed or requested repairs, and inspecting the unit for damage or lease adherence. 

Additionally, you must provide the tenant with a notice of at least 24 hours before you plan to enter the property. 

Harassment Issues

Landlord harassment is illegal in Oklahoma and can manifest itself in several ways. The following are examples of the various forms of landlord harassment in Oklahoma. 

• Entering the tenant’s unit without notice.
• Failing to perform maintenance tasks in a responsible and timely fashion.
• Physically intimidating or threatening the tenant.
• Threatening the tenant with financial injuries, like refusing to provide a positive reference to a future landlord. 
• Deliberately destroying the tenant’s property. 
• Withholding amenities that the tenant previously enjoyed, like landscaping services or pool privileges. 

Active Military Duty

Tenants who are service members and who have been relocated due to a deployment or permanent change of station are protected by the Servicemembers Civil Relief Act. This protection begins when the tenant starts active duty and ends 30 to 90 days after being discharged. 

Service members include those belonging to the activated National Guard, armed forces, commissioned corps of the Public Health Service, and commissioned corps of the National Oceanic and Atmospheric Administration. Once the tenant has met all the requisite conditions, the lease will automatically end 30 days later. 

Death of the Tenant

A tenant who dies and is at least 18 years old may be able to have their lease terminated early by their estate. You may be able to verify the information by getting in touch with the state’s Department of Health. 

The tenant’s estate will need to provide the landlord with a notice of 30 days after the death. 

The Unit Becomes Uninhabitable

Every state, including Oklahoma, requires landlords to meet certain health and safety codes. 

If the landlord fails to do so, the unit may be considered “constructively evicted,” which is not part of the legal eviction process. As a result, the tenant would have no obligations under the lease. 

Under Oklahoma law, a habitable rental property needs to meet the following conditions, among others. 

• Have clean, running water. 
• Have appropriate garbage receptacles. 
• Have proper heating, sanitary, plumbing, and air conditioning systems
• Have clean and safe common areas. 

Furthermore, you must also respond to repair requests from tenants promptly. 

Conclusion 

Now you know your rights and responsibilities regarding early lease termination by a tenant. If you have a question or need the help of a qualified property management company, then look no further than Specialized Property Management Oklahoma City. Call us today to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.