RIGHTS AND DUTIES OF RESIDENTIAL LANDLORDS

In 1978, the Oklahoma Legislature passed the Oklahoma Residential Landlord Tenant Act, which sets out certain rights and duties of both landlords and tenants of residential property in this state. The act applies to rental agreements made for "dwelling units" within this state, and a "dwelling unit" is broadly defined as a structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons.

A landlord has a number of obligations imposed by the act, and these obligations cannot be altered by the lease agreement. First, a landlord has the obligation to deliver full possession of the premises to the tenant. If someone is in wrongful possession of the premises which causes the new tenant to be unable to move in, the lease may be terminated by the new tenant's written notice (at which time the landlord would be required to return all prepaid rent and deposits). If the new tenant does not wish to end the lease, either the landlord or the new tenant may sue the wrongful possessor and recover possession and damages.

In addition, the landlord has specific obligations regarding the condition of the premises. A landlord must: (1) keep all common areas clean, safe and sanitary; (2) make all repairs needed to put and keep the tenant's living area in fit and habitable condition; (3) keep facilities and appliances in good working order; (4) on premises with more than two family units, provide for trash receptacles and arrange for frequent removal (unless supplied by a government entity); and (5) for all tenants except those in single-family residences, provide running water and reasonable amounts of hot water at all times (unless the landlord has separate metered utility connections to the dwelling unit).

An exception to these duties may arise by way of agreement. By a "conspicuous" writing independent of the rental agreement, the parties may agree that the tenant, rather than the landlord, is to make certain repairs, do maintenance tasks, alterations, or remodeling. However, the landlord must always be acting in "good faith."

The act also has certain provisions regarding security deposits. A landlord may require such deposit for damages occurring during the lease term, and the act does not limit the amount which can be required. The landlord must keep the deposit in an escrow account in a federally insured institution in the State of Oklahoma, and misappropriation of the fund is a crime (punishable by jail sentence and fine).

The tenant must make a written demand for return of the deposit within six months after termination of the tenancy. If such demand is not made, the deposit may be retained by the landlord in consideration of maintaining the account. If the landlord wishes to apply any part of the deposit to accrued rent or damages due to noncompliance with the rental agreement, he must itemize the deductions in a written statement delivered by restricted mail or in person to the tenant. Although there is no specified time limit for submitting the itemized statement to the tenant, the balance (without interest) must be paid to the tenant within 30 days after the termination of the tenancy, delivery of possession to the landlord, and written demand by the tenant.

If the landlord sells or otherwise transfers the property, he must either: (1) return the deposit to the tenants; or (2) furnish the tenants with the name and address of the transferee, who will have the same obligations to the tenants with regard to the deposits.

A landlord may periodically adopt rules and regulations for the convenience, peace, and safety of all tenants. Such rules must apply equally to all tenants. In addition, the rules must be clearly understandable by the tenants, and must not be an attempt to evade the landlord's obligations imposed by law.

Tenants must be given notice of the rules and regulations at the time they enter into the lease agreement, or, if the rule is adopted after the lease agreement is entered into, at the time the rule is adopted. If a new rule or regulation substantially changes the tenant's rights under the lease agreement, the tenant will not be bound by the rule without consenting to it in writing.

If a tenant surrenders possession of the premises but leaves behind personal property, the landlord has certain options on how to deal with this property. First, if, in the landlord's judgment, the property has no value, it may be disposed of without any obligation of accounting. Second, if the property has apparent value, the landlord may take possession of the property, store it, and sell it after thirty days have expired if the landlord follows the proper procedure. Briefly, this procedure consists of: (1) filing a petition with the District Court which describes the property, gives the identity and address of the presumed owner, alleges abandonment for at least 30 days, lists names and addresses of any secured creditors of record, and requests that a hearing be set; (2) after notice and hearing, the court may declare the property abandoned, and the landlord may sell it in any reasonable manner; (3) within 30 days after the sale, the landlord must file an affidavit with the court setting out the proceeds of the sale and their application. The proceeds of the sale will be used to pay the landlord's costs, the amounts due to secured creditors, and the amounts due the landlord. Any surplus must be paid into Court for the benefit of the tenant.

In addition, Oklahoma law specifically provides for a "landlord's lien." When the tenant becomes delinquent in paying rent or otherwise develops a debt to the landlord (by damaging the property, for example), the landlord is entitled to a lien upon that part of the property belonging to the tenant which has a reasonable relationship as nearly as practicable to the amount of the debt owed. Of course, the lien only attaches to property which is in the rental unit at the time notice of the lien is given. The lien extends to the cost of enforcing the lien, but it is subordinate to prior secured claims. Certain items, such as tools, instruments, or books used by the tenant in any trade or profession, are exempt from the scope of the lien, as are family portraits and pictures, all wearing apparel, and other personal items (including "items used for the personal care of babies").

Regarding the landlord's right to enter the tenant's dwelling unit, the landlord must act reasonably. He has the right to enter in a reasonable manner at reasonable times to inspect, make repairs, supply services, or show the premises to purchasers, mortgagees, tenants, workmen, or contractors. Unless there is an emergency, the landlord should give at least one day's notice to his tenant of his intent to enter. If the landlord harasses the tenant by making repeated unreasonable demands for entry, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or, upon written notice, terminate the rental agreement. In either case the tenant may recover actual damages.

Finally, if a tenant fails to pay rent when due, the landlord may bring an action for the recovery of the rent at any time thereafter. In the alternative, a landlord may give written demand for payment and, if the rent is not paid within 5 days after demand, the landlord may terminate the rental agreement.

This "Legal Update" is provided as a public service of Garvin, Agee, Carlton & Mashburn. It is intended to provide general information about the law, and is not a substitute for the advice of an attorney as to specific facts and circumstances. Anyone having any questions regarding the matter contained in this article, or needing advice as to specific facts or circumstances, should contact an attorney practicing in the appropriate area of the law.

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