Yukon, OK asked in Contracts, Construction Law and Landlord - Tenant for Oklahoma

Q: living in this rental home since march of 2019. In May of that year the heat/air entire unit went out. what can I do?

I have been with no air all summer, do have window units but its now winter and I have 2 dogs that stays inside. there is no heat provided at all. The air ducts and installation is still not installed and its been like that since May 2019. At time of the lease signing everything was working.

1 Lawyer Answer
Doak Willis
Doak Willis
  • Tahlequah, OK
  • Licensed in Oklahoma

A: You must contact the landlord in writing notifying him/her of the problem.Title 41 section 121 of the Oklahoma statutes can be read by you but says the following. C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, 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:

1. Upon written notice, immediately terminate the rental agreement; or

2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or

3. Recover damages based upon the diminution of the fair rental value of the dwelling unit; or

4. Upon written notice, procure reasonable 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 landlord's noncompliance.

D. Except as otherwise provided in this act, if there is a noncompliance by the landlord with the terms of the rental agreement or Section 18 of this act, which noncompliance 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.

E. All rights of the tenant under this section do not arise until he has given written notice to the landlord or if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his family, his animal or pet or other person or animal on the premises with his consent.

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