1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3095 By: Tedford
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6 AS INTRODUCED
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7 An Act relating to landlord and tenant; providing for
7 preemption; authorizing certain late fees;
8 authorizing certain fees for complaint filing, court
8 appearances and second trials; providing limitations
9 on charging and collecting certain fees; providing
9 for the collection of certain out-of-pocket expenses;
10 prohibiting retaliation by a landlord; providing
10 retaliatory actions; provides when an act is not
11 retaliatory; provides remedies for landlord
11 retaliation; providing remedies for landlord when
12 tenant makes invalid retaliation complaint; providing
12 that relation by a landlord is a defense for eviction
13 in certain circumstances; amending 41 O.S. 2021,
13 Section 131, which relates to delinquent rent;
14 providing for the inclusion of late charges;
14 providing for the validity of certain late penalties
15 in a lease; providing for codification; and providing
15 an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 137 of Title 41, unless there is
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21 created a duplication in numbering, reads as follows:
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22 The regulation of residential tenancies, the landlord-tenant
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23 relationship, and all other matters covered under this title are
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24 preempted to the state. This title supersedes any local government
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 1 regulations on matters covered under this title, including, but not
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2 limited to, the screening process used by a landlord in approving
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3 tenancies; security deposits; rental agreement applications and fees
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4 associated with such applications; terms and conditions of rental
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5 agreements; the rights and responsibilities of the landlord and
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6 tenant; disclosures concerning the premises; the dwelling unit; the
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7 rental agreement; or the rights and responsibilities of the landlord
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8 and tenant; fees charged by the landlord; or notice requirement.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 138 of Title 41, unless there is
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11 created a duplication in numbering, reads as follows:
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12 A. In all residential rental agreements in which a definite
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13 time for the payment of the rent is fixed, the parties may agree to
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14 a late fee not inconsistent with the provisions of this subsection,
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15 to be chargeable only if any rental payment is five days or more
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16 late. If the rent:
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17 1. Is due in monthly installments, a landlord may charge a late
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18 fee not to exceed Fifteen Dollars ($15.00) or five percent (5%) of
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19 the monthly rent, whichever is greater; or
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20 2. Is due in weekly installments, a landlord may charge a late
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21 fee not to exceed Four Dollars ($4.00) or five percent (5%) of the
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22 weekly rent, whichever is greater.
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23 B. A late fee under subsection A of this section may be imposed
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24 only one time for each late rental payment. A late fee for a
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 1 specific late rental payment may not be deducted from a subsequent
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2 rental payment so as to cause the subsequent rental payment to be in
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3 default.
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4 C. Pursuant to a written lease, a landlord may charge a
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5 complaint filing fee not to exceed Fifteen Dollars ($15.00) or five
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6 percent (5%) of the monthly rent, whichever is greater, only if the
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7 tenant was in default of the lease, if the landlord filed and served
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8 a complaint for summary ejectment and/or money owed, if the tenant
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9 cured the default or claim, or if the landlord dismissed the
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10 complaint prior to judgment. The landlord can include this fee in
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11 the amount required to cure the default.
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12 D. Pursuant to a written lease, a landlord may charge a court
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13 appearance fee in an amount equal to ten percent (10%) of the
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14 monthly rent, only if the tenant was in default of the lease and the
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15 landlord filed, served, and prosecuted successfully an action for
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16 forcible entry and detainer and/or unpaid rent. If the tenant
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17 appeals the judgment and the judgment is vacated, any fee awarded to
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18 the landlord under this subsection shall be vacated.
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19 E. Pursuant to a written lease, a landlord may charge a second
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20 trial fee for a new trial following an appeal from a judgment. To
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21 qualify for the fee, the landlord must prove that the tenant was in
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22 default of the lease and the landlord prevailed. The landlord's fee
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23 may not exceed twelve percent (12%) of the monthly rent in the
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24 lease.
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 1 F. Limitations on Charging and Collection of Fee:
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2 1. A landlord who claims fees under subsections C, D, and E of
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3 this section is entitled to charge and retain only one of the above
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4 fees for the landlord's action for forcible entry and detainer
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5 and/or unpaid rent;
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6 2. A landlord who earns a fee under subsections C, D, and E of
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7 this section may not deduct payment of that fee from a tenant's
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8 subsequent rent payment or declare a failure to pay the fee as a
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9 default of the lease for a subsequent forcible entry and detainer
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10 action;
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11 3. It is contrary to public policy for a landlord to put in a
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12 lease or claim any fee for filing an action for forcible entry and
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13 detainer and/or unpaid rent other than the ones expressly authorized
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14 by subsections C, D, E, and G of this section, and a reasonable
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15 attorney fee as allowed by law;
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16 4. Any provision of a rental agreement contrary to the
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17 provisions of this section is against the public policy of this
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18 state and therefore void and unenforceable;
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19 5. If the rent is subsidized by the United States Department of
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20 Housing and Urban Development, by the United States Department of
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21 Agriculture, by a state agency, by a public housing authority, or by
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22 a local government, any fee charged pursuant to this section shall
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23 be calculated on the tenant's share of the contract rent only and
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24 the rent subsidy shall not be included.
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 1 G. In addition to the late fees referenced in subsections A and
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2 B of this section and the administrative fees of a landlord
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3 referenced in subsections C, D, and E of this section, a landlord is
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4 also permitted to charge and recover from a tenant the following
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5 actual out-of-pocket expenses:
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6 1. Filing fees charged by the court;
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7 2. Costs for service of process; and
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8 3. Reasonable attorney fees actually incurred pursuant to a
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9 written lease, not to exceed fifteen percent (15%) of the amount
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10 owed by the tenant or fifteen percent (15%) of the monthly rent
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11 stated in the lease if the eviction is based on a default other than
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12 the nonpayment of rent.
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13 H. The out-of-pocket expenses listed in subsection G of this
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14 section are allowed to be included by the landlord in the amount
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15 required to cure a default.
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16 SECTION 3. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 139 of Title 41, unless there is
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18 created a duplication in numbering, reads as follows:
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19 A. A landlord may not retaliate against a tenant by taking an
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20 action described by subsection B because the tenant:
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21 1. In good faith exercises or attempts to exercise against a
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22 landlord a right or remedy granted to the tenant by lease, municipal
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23 ordinance, or federal or state statute;
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 1 2. Gives a landlord a notice to repair or exercise a remedy
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2 under Title 41 of the Oklahoma Statutes;
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3 3. Complains to a governmental entity responsible for enforcing
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4 building or housing codes, a public utility, or a civic or nonprofit
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5 agency, and the tenant:
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6 a. claims a building or housing code violation or utility
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7 problem, and
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8 b. believes in good faith that the complaint is valid and
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9 that the violation or problem occurred; or
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10 4. Establishes, attempts to establish, or participates in a
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11 tenant organization.
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12 B. A landlord may not, within six (6) months after the date of
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13 the tenant's action under subsection A of this section, retaliate
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14 against the tenant by:
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15 1. Filing an eviction proceeding, except for legitimate reasons
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16 authorized by law;
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17 2. Depriving the tenant of the use of the premises, except for
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18 reasons authorized by law;
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19 3. Decreasing services to the tenant;
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20 4. Increasing the tenant's rent or terminating the tenant's
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21 lease; or
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22 5. Engaging, in bad faith, in a course of conduct that
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23 materially interferes with the tenant's rights under the tenant's
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24 lease.
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 1 C. The landlord is not liable for retaliation under this
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2 section if the landlord proves that the action was not made for
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3 purposes of retaliation, nor is the landlord liable, unless the
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4 action violates a prior court order for:
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5 1. Increasing rent under an escalation clause in a written
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6 lease for utilities, taxes, or insurance; or
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7 2. Increasing rent or reducing services as part of a pattern of
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8 rent increases or service reductions for an entire multi-dwelling
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9 project.
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10 D. An eviction or lease termination based on the following
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11 circumstances, which are valid grounds for eviction or lease
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12 termination in any event, does not constitute retaliation:
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13 1. The tenant is delinquent in rent when the landlord gives
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14 notice to vacate or files an eviction action;
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15 2. The tenant, a member of the tenant's family, or a guest or
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16 invitee of the tenant intentionally damages property on the premises
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17 or by word or conduct threatens the personal safety of the landlord,
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18 the landlord's employees, or another tenant;
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19 3. The tenant has materially breached the lease, other than by
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20 holding over, by an action such as violating written lease
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21 provisions prohibiting serious misconduct or criminal acts, except
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22 as provided by this section;
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23 4. The tenant holds over after giving notice of termination or
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24 intent to vacate;
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 1 5. The tenant holds over after the landlord gives notice of
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2 termination at the end of the rental term and the tenant does not
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3 take action until after the landlord gives notice of termination;
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4 or
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5 6. The tenant holds over and the landlord's notice of
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6 termination is motivated by a good faith belief that the tenant, a
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7 member of the tenant's family, or a guest or invitee of the tenant
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8 might:
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9 a. adversely affect the quiet enjoyment by other tenants
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10 or neighbors,
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11 b. materially affect the health or safety of the
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12 landlord, other tenants, or neighbors, or
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13 c. damage the property of the landlord, other tenants, or
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14 neighbors.
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15 SECTION 4. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 140 of Title 41, unless there is
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17 created a duplication in numbering, reads as follows:
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18 In addition to other remedies provided by law, if a landlord
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19 retaliates against a tenant under this act, the tenant may recover
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20 from the landlord a civil penalty of one month's rent plus Five
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21 Hundred Dollars ($500.00), actual damages, court costs, and
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22 reasonable attorney's fees in an action for recovery of property
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23 damages, moving costs, actual expenses, civil penalties, or
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24 declaratory or injunctive relief, less any delinquent rents or other
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 1 sums for which the tenant is liable to the landlord. If the
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2 tenant's rent payment to the landlord is subsidized in whole or in
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3 part by a governmental entity, the civil penalty granted under this
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4 section shall reflect the fair market rent of the dwelling plus Five
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5 Hundred Dollars ($500.00).
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6 SECTION 5. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 141 of Title 41, unless there is
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8 created a duplication in numbering, reads as follows:
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9 A. If a tenant files or prosecutes a suit for retaliatory
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10 action based on a complaint asserted under Section 3 of this act and
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11 the government building or housing inspector or utility company
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12 representative visits the premises and determines in writing that a
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13 violation of a building or housing code does not exist or that a
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14 utility problem does not exist, there is a rebuttable presumption
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15 that the tenant acted in bad faith.
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16 B. If a tenant files or prosecutes a suit under this act in bad
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17 faith, the landlord may recover possession of the dwelling unit and
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18 may recover from the tenant a civil penalty of one month's rent plus
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19 Five Hundred Dollars ($500.00), court costs, and reasonable attorney
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20 fees. If the tenant's rent payment to the landlord is subsidized in
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21 whole or in part by a governmental entity, the civil penalty granted
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22 under this section shall reflect the fair market rent of the
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23 dwelling plus Five Hundred Dollars ($500.00).
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 1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 142 of Title 41, unless there is
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3 created a duplication in numbering, reads as follows:
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4 In an eviction suit, retaliation by the landlord under Section 3
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5 of this act is a defense and a rent deduction lawfully made by the
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6 tenant under this act is a defense for nonpayment of the rent to the
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7 extent allowed by this title. Other judicial actions under this
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8 title may not be joined with an eviction suit or asserted as a
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9 defense or cross-claim in an eviction suit.
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10 SECTION 7. AMENDATORY 41 O.S. 2021, Section 131, is
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11 amended to read as follows:
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12 Section 131. A. If rent is unpaid when due and any late
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13 charges are unpaid when due, the landlord may bring an action for
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14 recovery of the rent and any late charge at any time thereafter or
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15 the landlord may wait until the expiration of the period allowed for
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16 curing a default by the tenant, as prescribed in subsection B C of
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17 this section, before bringing such action.
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18 B. A provision in a residential lease, providing for the
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19 payment of an amount which shall be presumed to be the amount of
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20 damages sustained by the landlord for the late payment of rent shall
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21 be held valid with no penalty, when such monthly amount does not
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22 exceed twelve percent (12%) of the monthly amount of rent. In the
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23 event such monthly amount of rent exceeds twelve percent (12%), such
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24 provision shall be held invalid and subject to penalty unless the
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 1 party seeking to uphold the provision establishes that such amount
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2 is reasonable.
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3 C. A landlord may terminate a rental agreement f