Renting a home that was foreclosed in Oklahoma: your rights

Your rights as a renter in Oklahoma, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Who to pay: your landlord until written notice of the new owner

   Until you get written notice

   Rent you pay to your old landlord before you get written notice of the transfer counts against the new owner. Once you get written notice that the old owner's interest has ended, Oklahoma law says to pay future rent to the new owner, who also takes on the duties under your rental agreement. Ask for proof of ownership and keep receipts.

   41 O.S. § 119(A), (C)

3. Your security deposit moves or comes back

   Within a reasonable time after the sale

   When a landlord's interest ends by sale, receivership or otherwise, whoever holds the deposits must either transfer them to the new owner and tell you in writing the new owner's name and address, or return them to you. A new owner who receives the deposit has the same duties as the old landlord.

   41 O.S. § 115(C), (D)

4. Getting the deposit back when you move

   Demand in writing within 6 months

   After you move out, make a written demand for your deposit. The landlord must send an itemized statement of any deductions and return the rest within 45 days after the tenancy ends, you give up possession and you make the written demand. If you do not demand it within 6 months, you can lose it.

   41 O.S. § 115(B), (E)

5. Oklahoma's notice periods are shorter than the federal 90 days

   Month to month tenancies

   Oklahoma lets a landlord end a month to month tenancy with 30 days' written notice. For a bona fide tenant after a foreclosure, the federal 90 days is longer and still applies. The landlord must also keep you told in writing who manages the home and who accepts notices, and that duty carries over to a new owner.

   41 O.S. §§ 111(A), 116(A)

6. Eviction goes through district court

   Trial 5 to 10 days after the summons issues

   If you stay after a valid notice runs out, the new owner files a forcible entry and detainer case in district court. The summons sets a trial date no less than 5 and no more than 10 days after it is issued, so go to court on that date and bring your lease, receipts and notices.

   12 O.S. §§ 1148.1, 1148.3, 1148.4

7. No lockouts

   Any time

   If a landlord wrongfully removes you or locks you out, you can go to court to get back in, or end the lease, and recover up to twice the monthly rent or twice your actual damages, whichever is more. If the lease ends this way, your deposit and any prepaid rent must be returned.

   41 O.S. § 123

Common questions in Oklahoma