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If you’re a landlord with long-term investment goals, renovating your rental property is a smart strategy to maintain asset value and increase rental income. But what if your property is currently occupied by tenants? Can you legally renovate a property while it’s being lived in?
This is a common yet complex question faced by many landlords. The short answer is yes, but there are strict legal and ethical considerations you must follow under the Oklahoma Landlord and Tenant Act.
You can renovate an occupied property, but you cannot violate tenant rights or disrupt the terms of the lease agreement. Failing to do so leads to legal disputes, tenant complaints, or even early lease terminations.
In this article, I am breaking down everything you need to know from my 15+ years of property management experience, regarding legal considerations to best practices when planning renovations in an occupied rental unit.
Legal Considerations Before Renovating Occupied Properties in Oklahoma
Renovating occupied rentals is more complicated than fixing up a vacant property. It’s crucial to understand what you can and cannot do legally. Even though you own the property, tenants have legally protected rights to their living space. Your ability to renovate an occupied property largely depends on:
1. Right of Entry (Oklahoma Statute § 41-128)
Oklahoma landlords must provide at least 1 day’s notice before entering a tenant-occupied unit for non-emergency reasons, including renovations. The entry must be:
- At a reasonable time
- For a legitimate purpose
- With the tenant’s acknowledgment (not necessarily consent)
Unannounced visits with contractors or workers result in tenant complaints, legal claims, or breach of lease allegations.
2. Tenant’s Right to Quiet Enjoyment
Under Oklahoma landlord-tenant law, tenants are entitled to live in the property without excessive disturbances. Even if you’re legally allowed to renovate, disturbing tenant’s daily life, especially with noisy, dusty, or prolonged projects, leads to:
- Legal disputes
- Rent reductions
- Breach of lease claims
3. Emergency Repairs vs. Planned Renovations
Emergency repairs (like fixing a leaking pipe or solving an electrical issue) that pose a danger can usually be done without prior notice. But planned improvements like remodeling a kitchen must be scheduled with your tenant’s approval or at least with adequate notice. Those renovations never qualify as emergencies.
4. Local Permits and Zoning
Make sure you have all correct local permits for structural changes or system upgrades that are compliant with zoning regulations. Failing to do so can delay the project and also risk your insurance coverage and invite legal liabilities.
Types of Renovations You Can Perform in Occupied Units
Not all renovations cause the same level of disruption for tenants. Some upgrades are more tenant-friendly and can be legally and practically completed during a tenancy. Here’s a breakdown of the most common renovation types landlords can perform in occupied rental units.
1. Minimally Disruptive Renovations
These projects generally cause little inconvenience and are usually permissible with proper notice:
- Painting exterior areas
- Landscaping improvements
- Replacing appliances (with coordination)
- Minor electrical upgrades
- Installing new flooring in limited areas
According to property management data, these types of renovations typically result in fewer than 10% of tenants filing complaints.
2. Moderately Disruptive Renovations
These projects require careful planning and clear communication:
- Kitchen updates (if completed within 1-3 days)
- Bathroom renovations (with alternative facilities provided)
- Window replacements
- Limited wall removals or additions
About 35% of tenants report significant dissatisfaction during these types of renovations, highlighting the need for proper planning and compensation strategies.
3. Highly Disruptive Renovations
These projects often make the property temporarily uninhabitable and typically require tenant relocation:
- Complete kitchen or bathroom overhauls
- Major structural changes
- Extensive electrical or plumbing rework
- Roof replacements that affect the interior
- Asbestos or lead paint removal
How to Renovate Without Breaking the Lease—or the Law?
If you’re determined to renovate while tenants remain in place, follow these strategies to minimize conflict and potential legal issues:
1. Start with the Lease Agreement
Before making any moves, review your lease. Check for clauses that discuss repairs, improvements, or landlord access. If the lease restricts renovations during tenancy, you’ll need to negotiate changes, but if it’s silent on the matter, Oklahoma landlord-tenant laws take precedence.
2. Give Ample Written Notice
Oklahoma state requires landlords to give advance written notice before entering the premises for repairs or renovations. The standard notice period is 24–48 hours, but check your local laws. If there is major work, provide at least 7-10 days’ notice and include: Start and end dates, type of renovation, areas affected, and expected noise or utility outages. Tenants appreciate transparency, and the law favors it.
3. Communicate Openly with Tenants
You don’t need permission to renovate, but cooperation goes a long way. Clear and honest communication builds trust. Involve tenants in the conversation and discuss:
- How long will the project take
- What inconvenience may arise
- Any compensation or rent reductions (if applicable)
- And even let them choose work times (within reason) and address any health or safety concerns.
4. Consider Tenant Schedules
Work with your tenants to establish a renovation schedule that accommodates their needs when possible, like during work hours or weekends (if they travel). This reduces friction and speeds up work.
5. Offer Compensation if Needed
If the renovation is major (e.g., bathroom teardown) that impacts your tenants’ quality of life, consider offering a temporary rent discount, hotel stay, or prorated rent. This can be a win-win that keeps your tenants cooperative with financial help, and you get access to renovate the property.
6. Use Licensed Contractors
The contractors you hire will directly interact with your tenants, effectively representing you. Make sure they follow safety protocols and timeline expectations, reducing delays and liability. Property management companies report that contractor behavior is cited in over 40% of tenant complaints during renovations.
What If Tenants Refuse Access for Renovations?
Landlords cannot force access if tenants refuse entry after proper notice has been issued. Tenants may resist any form of intrusion, especially if the renovation feels excessive. Try explaining to them the critical need for renovations and offer reasonable concessions to gain cooperation.
If a conflict arises, consult an attorney or local housing authority. But never threaten eviction just because a tenant complains or pushes back. Oklahoma laws protect tenants from retaliatory actions.
Can You Offer to Relocate Tenants During Major Renovations?
Absolutely, and in some cases, it’s the smartest move. If the renovation is extensive (e.g., full kitchen gut, structural updates), consider offering:
- A temporary relocation stipend
- Hotel accommodations for a few days
- A lease buyout to end the tenancy early with mutual agreement
While this adds to your renovation costs, it can prevent legal disputes and preserve your reputation as a fair landlord.
Conclusion: Yes, But Do It Right
Renovating your occupied OKC rental properties is challenging but possible with proper planning, clear communication, and reasonable accommodation for your tenants. It may require additional coordination and possibly some financial concessions, the benefits of improved property value and potential for increased rental income often outweigh these costs.
Remember that your approach to renovations directly impacts your landlord-tenant relationship. A thoughtful, respectful renovation process can improve tenant satisfaction and retention, while a poorly managed one can lead to vacancies, legal issues, and reputation damage.
If you need help in managing tenant communication during renovations? Consider partnering with OKC Home Realty Services to handle notices, scheduling, and tenant relations.
FAQs About Renovating Occupied Properties
Can tenants be present during renovations?
Tenants have a right to be present for renovations within their units. However, it's often best if tenants make plans to be away during particularly noisy or messy renovations for everyone's convenience. Some exceptions for safety may apply.
Can landlords restrict water, power, or other utilities during renovations?
You can shut off utilities temporarily, but only for very short periods, such as a few hours. Tenants must always have access to basic utilities like running water for sanitation and safety purposes.
Author
Scott Nachatilo is an investor, property manager and owner of OKC Home Realty Services – one of the best property management companies in Oklahoma City. His mission is to help landlords and real estate investors to manage their property in Oklahoma.
