RIGHTS AND DUTIES OF RESIDENTIAL TENANTS

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. A brief outline of some of the more important rights and duties of the tenant follows.

Questions most often arise regarding the condition of the premises. A tenant has the obligation to notify the landlord, "as soon as practicable," of any defective condition of the premises which comes to the tenant's attention. Further, a tenant shall, at all times during the tenancy: (1) keep the occupied premises safe, clean and sanitary as conditions permit; (2) dispose of rubbish in a safe, clean and sanitary manner; (3) keep plumbing fixtures clean and sanitary; (4) use all facilities and appliances in a safe and non-destructive manner; (5) not deliberately or negligently destroy or damage any part of the premises (or permit any person or animal to do so); and (6) not engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants (or permit any person or animal to do so).

Tenants have several remedies concerning the condition of the premises. In general, the scope of the remedy depends upon the severity of the breach. More specifically, the remedies are as follows:

1. If there is a material noncompliance by the landlord with the terms of the rental agreement or with the Act which materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified.

2. If there is a material noncompliance by the landlord with the terms of the rental agreement or with the Act which materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord's expense after the expiration of fourteen (14) days. If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach.

3. If the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may: (a) upon written notice, immediately terminate the rental agreement; OR (b) procure reasonable amounts of heat, hot water, etc., during the period of the landlord's noncompliance, and deduct their actual and reasonable cost from the rent; OR (c) recover damages based upon the diminution of the fair rental value of the dwelling unit; OR (d) upon written notice, procure substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the noncompliance.

4. Finally, if there is a noncompliance which renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which noncompliance is not remedied as promptly as conditions require, the tenant may immediately terminate the rental agreement upon written notice to the landlord which notice specifies the noncompliance.

It should be recognized that all of these above-numbered remedies do not arise until the tenant has given written notice to the landlord (but note that the Act provides that the landlord must, at or before the tenancy begins, give the tenant information, in writing, as to the name and address of the owner, manager or other person who is authorized to accept notices from tenants). Further, the Act specifies that the above remedies cannot be invoked if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or any other person or animal on the premises with his consent.

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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