What are your rights and duties as a tenant?
(www.okbar.org, Oklahoma Bar Association, Copyright 2005, Revised July 2005)
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.
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.
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:
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):
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.
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.
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.
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.
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.
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.
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.
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.
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.
The law provides that any provision which conflicts with the Landlord-Tenant Act is unenforceable.
Not unless guide dogs are specifically prohibited in the rental agreement and such rental agreement was entered into prior to November 1, 1995.
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.