Oklahoma Landlord - Tenant Questions & Answers

Q: landlord threaten to sue for past rent but has security deposit that’ll cover it.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Apr 10, 2019
Doak Willis' answer
The security deposit is to insure the rental is returned to the landlord in the shape you received it at the start of the lease with normal wear and tear excepted.The rental amount is a separate issue. The landlord may state that you left the rental in poor shape requiring them to use that deposit to put the rental back into a condition that would allow them to re-let the unit. You should always take pictures of the unit when you move out to insure that if the landlord files litigation against...

Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on
Answered on Mar 21, 2019
Kyle Persaud's answer
Realistically, you may not be able to get anything fixed within the time necessary. Your best bet may be to move out of your apartment.

If you can't afford to move out now, here is, I think, your best option: Write a letter to your landlord. In your letter, list all the problems with your apartment. Tell your landlord that you are pregnant and need these fixed. Tell your landlord that he has violated the "implied warranty of habitability." Tell your landlord that if these problems are...

Q: If a landlord issues a 30 day to vacate without going to court to evict but accepts next months rent what are my rights?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Mar 15, 2019
Kyle Persaud's answer
Your landlord can terminate the lease anytime he wants, if he gives you thirty days notice.

However, you may be legally entitled to a refund of next month's rent.

Q: I left my apartment after renting for 2 years, and an eviction notice shows up now on my new apartment search.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Answered on Mar 7, 2019
Kyle Persaud's answer
Call the landlord who issued the eviction notice, and ask if they will remove it from your record.

Q: Evicted & served judgement. LL re-rented within 2 months. Am I entitled to have judgement amount reduced?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
In general, you are not entitled to have the judgment reduced merely because the landlord re-rented within 2 months. You could have the judgment reduced if there was an agreement in place that says the judgment could be reduced.

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.

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