Okla. Stat. tit. 41 § 113
Rental Agreements
Operative Text
A. A rental agreement may not provide that either party thereto: 1. Agrees to waive or forego rights or remedies under the Oklahoma Residential Landlord and Tenant Act; 2. Authorizes any person to confess judgment on a claim arising out of the rental agreement; 3. Agrees to pay the other party´s attorney´s fees; 4. Agrees to the exculpation, limitation or indemnification of any liability arising under law for damages or injuries to persons or property caused by or resulting from the acts or omissions of either party, their agents, servants or employees in the operation or maintenance of the dwelling unit or the premises of which it is a part; 5. Agrees to the establishment of a lien except as allowed by the Oklahoma Residential Landlord and Tenant Act in and to the property of the other party; or 6. Agrees to waive or limit his or her right to summon a peace officer or other emergency assistance in an emergency. B. A provision prohibited by subsection A of this section and included in a rental agreement is unenforceable.
Oklahoma law under 41 O.S. § 113 identifies six categories of lease clauses that cannot be enforced in residential rental agreements. These include clauses that waive statutory rights, authorize confessions of judgment, require one party to pay the other's attorney's fees, limit liability for negligence in maintaining the property, create unauthorized liens on a party's property, or restrict a party's ability to call for emergency help. Any such clause that appears in a lease is automatically void and unenforceable, even if both parties signed the agreement containing it.
Plain English — not legal advice.
Under 41 O.S. § 113, property owners and managers operating in Oklahoma are generally expected to review their lease templates to ensure none of the six prohibited clause types are present. A compliant operator avoids including provisions that shift attorney's fees, waive liability for maintenance-related harm, or restrict a tenant's ability to seek emergency assistance. Because prohibited clauses are void by operation of law regardless of a tenant's signature, including them in a lease does not create enforceable obligations and may expose the agreement to broader legal scrutiny.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
41 O.S. § 113 provides tenants with a clear protection: if a lease contains any of the six prohibited clause types—such as a waiver of your rights under the Oklahoma Residential Landlord and Tenant Act or a restriction on calling for emergency help—that clause is unenforceable as a matter of law. Tenants who believe a landlord is attempting to enforce one of these prohibited provisions may raise the unenforceability of that clause as a defense in any related legal proceeding. Consulting a tenant-rights organization or legal aid office familiar with Oklahoma landlord-tenant law can help clarify how § 113 applies to a particular lease provision.
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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