Okla. Stat. tit. 41 § 117
Commencement of Tenancy - Delivery of Possession - Wrongful Possession
Operative Text
A. At the commencement of the term a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement and Section 118 of this title. Except as otherwise provided in this act, the landlord may bring an action for possession against any other person wrongfully in possession and may recover his damages. B. A rental agreement may provide reasonable limitations upon use of a dwelling unit or premises by a tenant or occupant. A landlord shall have the right to demand that an occupant vacate the dwelling unit or the premises or both if such occupant breaches any condition of the rental agreement which would be enforceable against the tenant. If a landlord makes a written request to the tenant or to the occupant for the occupant to depart from the dwelling unit or the premises or both, the occupant shall comply. If the occupant wrongfully fails to comply within a reasonable time, the occupant shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine of not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. C. An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.
Oklahoma law under 41 O.S. § 117 requires landlords to deliver full possession of a rental unit to the tenant at the start of the tenancy, in line with the rental agreement and related statutory standards. If another person is wrongfully occupying the premises, the landlord may pursue legal action to recover possession and seek damages. The law also addresses occupants who breach rental agreement conditions: if a landlord makes a written demand for an occupant to leave and the occupant refuses without justification, that occupant can face criminal trespass charges, a fine of up to $500, and/or up to 30 days in county jail. Additionally, a standard of two persons per bedroom is presumed reasonable as an occupancy limit, though children born to tenants during the lease are excluded from that count.
Plain English — not legal advice.
Under 41 O.S. § 117, compliant landlords ensure that the rental unit is fully available and delivered to the tenant at the start of the lease term, free from interference by any holdover or unauthorized occupant. When an occupant—distinct from the named tenant—violates a condition of the rental agreement, operators generally document the breach and issue a written demand for the occupant to vacate before pursuing further remedies. Landlords also typically structure occupancy limits in their rental agreements consistent with the two-persons-per-bedroom standard recognized as presumptively reasonable under § 117(C), while accounting for the statutory exclusion for children born to tenants during the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 41 O.S. § 117, tenants have a right to receive full possession of their rental unit at the beginning of the tenancy, and a landlord who fails to deliver possession may be subject to legal action. If you are a tenant and an occupant in your unit receives a written demand to vacate from the landlord, it is worth understanding that § 117(B) gives that demand legal weight, and non-compliance by the occupant can carry criminal consequences. Tenants who believe their occupancy rights or household composition rights are being improperly restricted—including disputes over the two-persons-per-bedroom standard—may consider contacting a local tenant-rights organization or consulting with a housing attorney to understand available options.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation