Oklahoma Landlord - Tenant Questions & Answers

Q: Our garage door will not stay up. Is this considered a safety hazard in which we can withhold rent?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
This is not a listed condition in the statutes that empowers you to withhold rent. Put your landlord on notice in writing that there is a hazard that needs to be fixed. Without looking at your lease, an attorney cannot tell you what all your rights may be under the facts of your case.

Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
Unfortunately, no. Unless your lease or rental terms state differently.

Q: I live in Oklahoma can my old landlord charge me for damages after I moved out? If so how long does he have to charge me

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
Yes he can charge you for damages if there are damages. If you left the premises in good condition when you moved then you should contact him and set a time to go over the premises if he claims damages. At that point you will know if your going to get your deposit back or not. The time limitation is just as long as you do nothing. Since he has your deposit, he won't be contacting you. You must contact him if you feel you have money coming back to you.

Q: Can I withhold my rent in my apartment so I can pay out of pocket to get stuff fixed?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
If the maintenance requests are such that need to be made as they materially affect your health and the costs are $100, you can write a notice to the landlord of the requested repairs that if they are not repaired within 14 days, that you will do so at their expense. If they don't make the repairs for under $100, you can have them done and present the invoice to the landlord and deduct the costs of repairs. Be advised that the repairs must materially affect your health if not corrected.

Q: My employment included room and board; my official employment end date was November 30, 2018.

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
Since your room and board was included with your employment and your employment ended on November 19, 2018, and you were given more than 390 days notice to vacate, it was proper as the terms of your tenancy was ties to your employment which ended more than 30 days before you were required to quit the premises. You acknowledge you r3ecived notice thus satisfying Due Process.

Q: I am renting a house in Oklahoma and need to know who is responsible for ridding the property of mice.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
Landlords in Oklahoma are under the duty to make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition. If the house you leased just has the usual mice that almost every home does from time to time, it would be the tenants responsibility to set traps to eradicate the mice. If the house was overrun with mice, which is doubtful in most cases, the landlord would be responsible. Your question does not address the amount of...

Q: What does "Null & Void" mean? Does that absolve both parties of the lease and if so would I be liable for rest of year?

1 Answer | Asked in Business Formation, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
That would mean the contract has become inoperable due to a term thue each party being released from the contract.

Q: Am I legally obligated to a lease that I did not sign, but was listed on as an occupant?

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Answered on Aug 8, 2018
Doak Willis' answer
Since you did not sign the lease, a contract was not formed between you and the landlord thus you can not be held liable for your ex-roommates failure to pay the rent.

Q: I live in Oklahoma and my landlord sold the property that my mobile home is on about 5 mth ago.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Jul 7, 2018
Doak Willis' answer
The verbal agreement between the old owner and the new owner of the land your mobile home sits upon is not enforceable by you. You have a tenancy of month to month and all the new owner has to do is give you 30 days notice to move your mobile home even if you are paying the rent.

Q: Is my lease breakable?

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Answered on Jul 7, 2018
Doak Willis' answer
Just because your husband's application shows rejected and your SS# is wrong does not invalidate your lease. The landlord and tenant act of Oklahoma sets out what the landlord is responsible for in the providing of certain things in your leased premises. They cannot start a new lease without your signatures. Demand a copy of that lease. Request in writing to the landlord to fix whatever conditions warrant in your leased premises.

Q: If I Live in Arkansas and the owner of the Land I lease in Oklahoma Lives in Kansas, which state do small claims

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Oklahoma on
Answered on Apr 11, 2018
Gary Johnston Dean's answer
The County in Oklahoma where the land is located pursuant to 12 OS 131. Click this link http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=93676 to view it.

Q: landlord keeps showing up on property when I'm not home. he sneaks on the property through the woods. can I end lease

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Apr 11, 2018
Gary Johnston Dean's answer
Lease agreements generally have some provisions which permit a landlord to "inspect" their property. Without reading the lease, I can't give a good answer. Read it yourself, and if you think the landlord is abusing your rights to privacy, and want to terminate your lease see a lawyer for advice.

You can also write your landlord and point out any lease provisions he is violating, and ask him in writing to stop, or give notice of intent to terminate the lease. It will have very specific...

Q: I have lost my job and I am unable to pay my rent. I have ask to break my lease and move and was told I would have to

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Answered on Apr 11, 2018
Gary Johnston Dean's answer
Difficult to answer without reading your lease. BUT, don't pay anything beyond rent due up to the time you leave. The landlord has a legal duty to try to rent your apartment to "mitigate" damages. If the unit rents promptly, you are only responsible for paying for the time it was not occupied. Good Luck.

Q: 18 and pay rent threats to kick me out if I do something they don't like is it legal? Options? Live with parents.

1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Landlord - Tenant for Oklahoma on
Answered on Feb 1, 2018
Gary Johnston Dean's answer
Do you have a lease, if so read the terms. If not, they can terminate you for any reason on giving you notice. If you rent monthly, 30 days required.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: how do i take possession from an unwanted tenant

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Jan 12, 2018
Gary Johnston Dean's answer
Easiest, cheapest, and fastest way is for her to go to the court clerk's office and file an eviction, called a forcible entry and detainer case against him in Small Claims Court. The court clerk will furnish the forms and answer her questions. She really won't need a lawyer, just take a copy of divorce papers showing she was awarded the house. Good luck.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: What are my rights to evict a person who moved in but signed no lease and verbally agreed to pay half but never paid me

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
You can use the court to evict an individual on a verbal lease. This is done in small claims. See https://oklaw.org/issues/housing/landlord-and-tenant-problems?channel=know%2Dthe%2Dlaw&category=eviction

Q: my brother in law that is saving at my moms house is not paying rent but is paying for some stuff does it him a tenant?

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Answered on Nov 26, 2017
Gary Johnston Dean's answer
I'm sorry you are so bitter about this. I feel like there are some issues between the two of you. So why are you getting into this when it's your mother's house. It all should be up to her.

The stuff belongs to your brother in law, and if you sell it, it would be a felony crime, so don't attempt it. Let your mother handle this, and stay out of it.

Q: Hi, I am trying to understand the legal rights as owner with other individuals, regarding a residence & commercial pro

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Answered on Aug 23, 2017
Richard Winblad's answer
Without more facts this is difficult to answer. If there are profits, you are probably entitled to them. You should be entitled to an accounting for the income and expenses from whoever is managing the property. If you are dissatisfied you, as a tenant in common, have an absolute right for partition.

A partition is not inexpensive but sometimes the only way out when you are unable to sell your portion....

Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Mar 23, 2017
Robert Donald Gifford II's answer
If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.

Q: My husband's nephew/family was going to lose their home so we stepped in and paid off the loan. It's in our name.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Oklahoma on
Answered on Aug 15, 2016
Peter N. Munsing's answer
There are farm policies. You need to set boundaries on what they can do, have to do.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.