Okla. Stat. tit. 41 § 105
Mitigation of Damages - Rights, Obligations and Remedies - Enforcement
Operative Text
A. An aggrieved party under the provisions of this act has a duty to mitigate damages. B. Any right, obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court and may be prosecuted as part of an action for forcible entry or detainer unless the provision declaring it specifies a different and limited effect. In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys' fees.
Oklahoma's 41 O.S. § 105 establishes two key principles governing residential rental disputes. First, any party who suffers harm under the Oklahoma Residential Landlord and Tenant Act must take reasonable steps to limit their own losses rather than allowing damages to accumulate unchecked. Second, the rights and obligations created by the Act can be pursued in any court of appropriate jurisdiction—including small claims court—and the party who prevails in such an action is generally entitled to recover reasonable attorneys' fees from the other side.
Plain English — not legal advice.
Under 41 O.S. § 105, property owners and managers who experience a breach of a rental agreement are expected to take reasonable steps to reduce their losses—for example, making good-faith efforts to re-rent a vacated unit rather than letting rent arrears pile up. Compliant operators document their mitigation efforts carefully, as courts may scrutinize whether a landlord acted reasonably to limit damages. Because the prevailing party in an action under this provision may recover attorneys' fees, maintaining thorough records of lease terms, communications, and re-leasing efforts is a common practice among operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
41 O.S. § 105 gives tenants the ability to enforce their rights under Oklahoma's Residential Landlord and Tenant Act in any court of appropriate jurisdiction, including the more accessible small claims court, and even as part of a forcible entry or detainer (eviction) proceeding. Tenants who prevail in such actions may be entitled to recover reasonable attorneys' fees, which can make pursuing a valid claim more financially feasible. Tenants who believe their rights under the Act have been violated may wish to consult a tenant-rights organization or legal aid provider to understand the range of options available to them, including which court venue may be appropriate for their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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