Okla. Stat. tit. 41 § 40

Forfeiture of Lease - Release from Record - Penalty

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 4/6/1915OklahomaLease Requirements

Operative Text

Okla. Stat. tit. 41 § 40
When any lease on land heretofore or hereafter taken
shall have become forfeited, it shall be the duty of the lessee, his, her, or
their heirs, successors, assigns or legal representatives, within sixty (60)
days from the date this act shall take effect, if such forfeiture occurs prior
thereto, and within sixty (60) days from date of forfeiture of any and all other
leases, to have such leases released from record in the county where such land
is situated, without cost to the owner or owners thereof; and upon failure to
make such release, the owner or owners of the land under lease may notify in
writing the holder of the record title to such lease, that the same has become
forfeited and demand a release of record of such lease, as herein provided; and
if the owner or holder of such lease, or the officer, agent, or other persons
whose duty it is to release such lease, shall fail or neglect to release same
within thirty (30) days after demand to release has been made in writing, he
shall be guilty of a misdemeanor and upon conviction shall be punished by a fine
of not exceeding One Hundred Dollars ($100.00).
Source: Legislative text reproduced verbatim
Plain English

Under Oklahoma law at 41 O.S. § 40, when a land lease is forfeited, the lessee (or their heirs, successors, or legal representatives) is required to have that lease formally released from the county land records within sixty days of the forfeiture, at no cost to the landowner. If the lessee fails to do so, the landowner may send a written demand for the release. Should the responsible party then fail to complete the release within thirty days of receiving that written demand, they may face criminal misdemeanor charges and a fine of up to $100.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Property owners dealing with a forfeited lease under 41 O.S. § 40 have a structured remedy available when a former lessee does not clear the lease from county records. A compliant process generally involves sending a formal written notice to the holder of record title, clearly demanding a release of the forfeited lease. If the holder does not act within thirty days of that written demand, the statute provides that the failure may constitute a misdemeanor, giving landowners a legal basis to pursue the matter further.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 41 O.S. § 40, a lessee whose lease has been forfeited carries an affirmative obligation to release that lease from the county land records within sixty days, without charging the landowner for the process. Tenants or former lessees who receive a written demand for such a release should be aware that the thirty-day response window is significant under this provision. Those uncertain about how to properly execute a lease release from public records may wish to consult a tenant-rights organization or a licensed attorney familiar with Oklahoma property law.

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

Current
Apr 6, 1915
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

41 O.S. § 132
41 O.S. § 115
41 O.S. § 121
41 O.S. § 116
41 O.S. § 126
41 O.S. § 116
41 O.S. § 132
41 O.S. § 118
41 O.S. § 118
41 O.S. § 126
41 O.S. § 127
41 O.S. § 111

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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