TENANTS RIGHTS

What are your rights and duties as a tenant?

(www.okbar.org, Oklahoma Bar Association, Copyright 2005, Revised July 2005)

Residential Tenants

Rights and Responsibilities

Rule Number One: Put it in writing!

Rule Number Two: Act in good faith!

As a residential tenant in Oklahoma, you have rights and duties relating to your home or apartment which cannot be
bargained away in your lease. The residential Landlord-Tenant Law provides the legal frame work for your lease and
your relations with you landlord. Here are answers to some questions you may have.

 

Questions

Answers

What if my dwelling is not open to me at the beginning of my lease?

By giving written notice to your landlord you may end your lease and have your prepaid rent or deposit returned. Or
you can sue the wrongful possessor, and obtain possession and damages.

What happens to my security deposit?

Your landlord can require a security deposit; it must be kept in a federally insured account in Oklahoma, separate
from the landlord’s own funds. You, as tenant, must request the return of the money in writing within six months after
your lease is ended. Tenant should provide landlord with a forwarding address or new address where deposit is to be
mailed. The landlord must return it, with a written explanation of any deduction for damages or rent owing, within 30 days
after your written request. If you do not request a refund in writing, the landlord may keep your money once the six
months is up.

If your landlord sells the house or apartment, you must receive:

  1. A refund of your deposit or
  2. The name and address of the new owner who will make the
    refund at the end of the lease. This choice is your landlord’s.
What services am I entitled to?
  1. Except in the case of a single family residence, your
    landlord must keep all common areas used by more than one tenant safe
    and clean.
  2. Your landlord must keep your premises in a safe, livable condition.
  3. Your landlord must keep all electrical, plumbing, sanitary,
    heating, ventilation, air-conditioning and other facilities and
    appliances in good and safe working order, unless otherwise agreed to by
    a “conspicuous” writing independent of your rental agreement.
  4. Your landlord must, if your dwelling is other than a one or
    two-family residence, provide trash receptacles and frequent removal,
    unless this is provided by a government entity.
  5. Your landlord must supply running water and reasonable
    amounts of hot water at all times, and reasonable heat, unless you live
    in a single-family dwelling or have a separate metered utility
    connection for these services.
What do I do if my landlord does not make necessary repairs or provide necessary services?

You must give your landlord written notice of any needed repairs to keep your living quarters safe and healthy. (It is
recommended that written notice be mailed by certified mail, return receipt requested, when possible).
Your choices (if the defect affects safety or health):

  1. You may tell your landlord in the notice that if repairs are
    not made in 14 days you will move out in 30 days after the notice and
    your lease will be over.
  2. If the repair costs less than $100, you may tell the landlord
    that you will have the repair made yourself and subtract the cost or
    value from your rent if the landlord does not repair in 14 days.
  3. If an essential service fails due to the landlord’s fault or
    willful act, you can, at your opinion, by giving written notice:
    1. End your lease and move immediately
    2. Move somewhere else temporarily. You will not owe the
      landlord rent while you are living in substitute housing.
    3. Sue the landlord for damages based on the difference
      between what the apartment or house is worth without the essential
      service and what you are required to pay under the lease.
    4. Make your own arrangement for the service and deduct the cost from your rent.
  4. If the conditions are so bad that there is an imminent threat
    to health or safety which is not remedied as soon as conditions
    require, you may give written notice of the problem and end your lease
    immediately.
  5. If a fire or other emergency makes your living place unsafe,
    you may end your lease by moving out and giving written notice within
    one week.

None of these rights are yours if the damage is caused by you or your family or pet, or a person or animal on the
premises with your consent.

Who is liable for personal property (beds, electronics, furniture, clothing) that is damaged or destroyed by water from a leaky roof or broken pipe?

Generally, a landlord will not be liable for damage to personal property arising from a leaky roof or broken pipe. Most
rental contracts provide that the tenant is responsible for these losses and the courts enforce the landlord’s position.
The best solution is for the renter to purchase a renter’s insurance policy.

Can my landlord make rules that are not in my lease? Can they be changed?

Your landlord can make rules and regulations as to use of the premises which apply fairly to all tenants. Any rule must
relate to convenience, safety or welfare of tenants, and tenants must have notice of such rules.
If a new rule changes your lease in a material way, you will not be subject to the rule unless you consent to it in writing.

To whom do I give notices?

Your landlord must give you information in writing as to the name and address of the owner, manager or other person
who is authorized to accept notices from tenants. This must be kept current. If this disclosure is not made, the person
who signs your lease, as landlord, has all the duties of a landlord and must accept notices and make repairs.

What if I move out and leave property in my living unit?

Your landlord may dispose of worthless property or may give you notice by mail to remove your property. He may
store your property; you must pay storage costs if you want it returned. If you do not remove your property, the landlord
may sell it and deduct costs, storage and any other money you owe.

What are my responsibilities as tenant?

You must keep your own living area clean and safe; dispose properly of all trash; keep plumbing fixtures clean; use
facilities safely, and not deliberately or carelessly destroy anything which belongs to the landlord. You must comply with
your lease and all proper rules and not allow anything to be done which would disturb other tenants.

What can the landlord do if I do not meet my responsibilities?
  1. If your non-compliance can be remedied by repair, replacement or
    cleaning, the landlord may require you to repair within 10 days after
    written notice to you, or the landlord may repair and bill you for the
    cost or value. This will not terminate your lease.
  2. If you fail to comply with your lease in such a way as to
    affect health or safety, your landlord can give you written notice
    explaining the breach. If you do not remedy the breach within 10 days of
    the written notice, your lease will terminate as provided in the
    notice.
  3. If you do something which causes an emergency, and you do not
    remedy the situation, the landlord may terminate the rental agreement
    immediately.
Can the landlord come in my home without permission?

The landlord can enter in a reasonable way at reasonable times to inspect, make repairs, supply necessary services,
to show the building to purchasers, tenants, workmen, etc. Unless there is an emergency, the landlord should give you at
least one day’s notice of intent to enter.

Can the landlord end my lease?

If you have a lease with a specific expiration date, your landlord cannot evict you before that date unless you fail to
pay rent, or otherwise default in some obligation under your lease which you fail to cure after receiving proper notice
from the landlord. If you do not pay your rent within five days after written notice of your landlord’s written demand for payment, your landlord may terminate your rental agreement. If you have a month-to-month lease or tenancy-at-will, the landlord can give you 30 days written notice, or you can give the landlord 30 days written notice to end the lease at any time.
If you have a week-to-week lease, the same rule applies, but you need only to give or receive one week’s notice.

What if I fail to move when my lease is up?

Your landlord may immediately sue for your eviction and damages. The landlord also may collect twice the amount of
rent if your holdover is not in good faith. If the landlord consents, you may stay on as a month-to-month tenant.

What if my lease has provisions which are different for the law?

The law provides that any provision which conflicts with the Landlord-Tenant Act is unenforceable.

Can the landlord deny or terminate tenancy because of a blind person’s guide dog?

Not unless guide dogs are specifically prohibited in the rental agreement and such rental agreement was entered into
prior to November 1, 1995.

Am I protected from flood damage?

If the landlord knows that the premises have been flooded in the last five years, you must be told about the flooding in
your lease. You may sue for damages to your property if you are not advised of past flooding.

The law of Landlord-Tenant is quite complicated. This pamphlet explains some of the basic ideas in simple
language, you should not rely on this information to solve detailed problems. Only a lawyer can give you specific
information.