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Oklahoma Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for Oklahoma on

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

I have been putting in maintenance requests for a lot of things in my apartment, like it's been 7 times and I've called the supervisor and I've called corporate of the apartments, no one has helped me not one time. They never fulfill my requests. So can I withhold rent to get stuff fixed ? How do I... Read more »

Doak Willis answered on Dec 30, 2018

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... Read more »

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on

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

My employer emailed me on November 19, 2018 that I "would be allowed to stay in the house through December 31, 2018." I have received no other eviction notice. This is my permanent home. I live in Oklahoma. Is this proper notice to vacate?

Doak Willis answered on Dec 30, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on

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

Doak Willis answered on Dec 30, 2018

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... Read more »

1 Answer | Asked in Business Formation, Real Estate Law and Landlord - Tenant for Oklahoma on

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?

Real Estate:

Can I get clarification as to the use of 'Null and Void' in the following contract stipulation? I would like to know if null and void would 'break the lease' in a way that absolves both the TENANT and the LEASER.

"Owner and Tenant have discussed potential for high... Read more »

Doak Willis answered on Nov 12, 2018

That would mean the contract has become inoperable due to a term thue each party being released from the contract.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on

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

I lived in a rent house and had a verbal agreement with my roommate (who DID sign the lease) that I would pay my portion of rent. I moved out after providing reasonable notice to my roommate and arranging a new person move in to take my place in the house. Now, 3 months after all of this, my former... Read more »

Doak Willis answered on Aug 8, 2018

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.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

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

now the new landlord is trying to evict me for no reason. The verbal agreement between my old landlord and the new one was that if he sold the land to him that he would allow my family and i live there for as long as we needed until we found a place to buy for our mobile home. And he said he... Read more »

Doak Willis answered on Jul 7, 2018

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on

Q: Is my lease breakable?

My husband and i are in a lease with an apartment complex. i went on our apartments site and in our online documents it has our renters application. They filled it out while asking us the info. They also have the reports from doing the checks on if we were approved or not. My husband is listed on... Read more »

Doak Willis answered on Jul 7, 2018

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... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Oklahoma on

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

The owner is telling me she will not follow the lease agreement. In order for me to get paid I need to go to small claims court.

Gary Johnston Dean answered on Apr 11, 2018

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.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oklahoma on

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

Gary Johnston Dean answered on Apr 11, 2018

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.... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on

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

pay the remainder of my lease which is 10 months.

Gary Johnston Dean answered on Apr 11, 2018

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... Read more »

1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Landlord - Tenant for Oklahoma on

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.

Gary Johnston Dean answered on Feb 1, 2018

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.

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Oklahoma on

Q: how do i take possession from an unwanted tenant

my wife was awarded the marital house in divorce the ex husband refuses to give it up. the deed is in her name alone.

Gary Johnston Dean answered on Jan 12, 2018

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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on

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

I am a registered sex offender and have told her and asked her repeatedly to not bring her kids around me but still does and has threatened me over it and she has moved in her boyfriend and neither paying me half of the bills and rent that was agreed upon. I want them out and don't know what to do.

Richard Winblad answered on Dec 31, 2017

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

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on

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?

he is paying for electric, water, and internet. he is under no contract, and he is moving out next month, but he is leaving his stuff in the house and it valued at 100 thousand dollars. it is legal to get rid of his stuff? does the 10 day tenant rule apply to him? does the items in the house belong... Read more »

Gary Johnston Dean answered on Nov 26, 2017

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...
Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on

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

there are tenants in the commercial and we were due a portion of the rent and have not

Richard Winblad answered on Aug 23, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on

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

I moved into the property without the knowledge of it being deemed vacant and in foreclosure for 3 years. I also was under the impression that I was buying the house from the owner. Come to find out he cannot profit legally from this property without notifying the secondary debt collection company... Read more »

Robert Donald Gifford II answered on Mar 23, 2017

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... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Oklahoma on

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.

We can't find liability insurance for the place because there are farm animals on the property. Now they have allowed 2 other people to live there. The home is substandard, to say the least. How do we protect ourselves in case of an injury/claim?

Peter N. Munsing answered on Aug 15, 2016

There are farm policies. You need to set boundaries on what they can do, have to do.

2 Answers | Asked in Landlord - Tenant for Oklahoma on

Q: Need attorney who could take on a possible pro bono class action against an property management company due to their man

ager harassing residents, intimidating, them physically hurting a couple of them and trying to get some wrongfully evicted. Telling them who they can have come over and what they the resident can do around the property. My mother is one of them and this manager has her so nervious she is on blood... Read more »

Terrence H Thorgaard answered on Nov 10, 2015

Sorry, but in my opinion your mother doesn't have much of a case, and you are unlikely to find an attorney willing to take the case on a pro se basis (much less as a class action; class actions are much more complex and this fact pattern doesn't seem to merit a class action in any event). Also,... Read more »

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1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: When my landlord sells our house does that terminate our lease? Can we leave and demand our deposit back?

Howard Berkson answered on Jan 3, 2014

If your landlord sells the property you are renting, you are still bound by the lease and the new owner is responsible for the landlord's obligations on the lease. There are some details about required written notification. See Title 41, section 119(C) of the Oklahoma statutes.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: My landlord has not repaired the utility box & I still have no electricity. What can I do?

Howard Berkson answered on Jan 3, 2014

Title 41, section 118(A)(2) of the Oklahoma statutes requires landlords 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." Sub-paragraph (3) specifies that landlords must " Maintain in good and safe working... Read more »

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