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Oklahoma Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Landlord - Tenant for Oklahoma on
Q: Is it illegal to enter a public storage unit that has no lock on it and the overhead door is already open halfway?

The storage facility does not have a lock on it and the gate I open 24/7 the unit has a big overhead door and it was halfway open. The lock was not on the door or present. Would it be against the law for someone to enter it and take items,?

Brian Boeheim
Brian Boeheim
answered on Jan 4, 2020

The simple answer is yes. It would be Burglary in the 2nd degree in Oklahoma. Even if they wanted to generous it would be breaking and entering and larceny.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69879

Title 21 O.S. 1435

1 Answer | Asked in Contracts, Construction Law and Landlord - Tenant for Oklahoma on
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.

Doak Willis
Doak Willis
answered on Nov 4, 2019

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... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I was deeded a house after tentants deceased and son lived with, no contracts how do I evict son

House deeded to me after tentants deceased and their son was living with them with no contract or rental agreements made. I have asked the son to leave several times and he won't. All utilities shut off and he is planning on moving another tentant into home! I am new to all of this and just... View More

John S. Stratton
John S. Stratton
answered on Oct 4, 2019

The eviction process is called forcible entry and detainer. Some landlords handle the process themselves, but I recommend that you hire an attorney.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If there is central air in my apartment and it goes out does the landlord have to fix it

They also told me I could not put window units in,

Benjamin Oxford
Benjamin Oxford
answered on Jul 31, 2019

Probably yes, but it depends on your lease. The landlord has to keep the apartment in a habitable condition, and not having air conditioning probably renders the apartment uninhabitable in the summertime in Oklahoma. That does not necessarily mean you can break your lease, but the landlord is... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: In oklahoma can landlord change locks keeping items of tenant only after tenant said was gonna move out only 5 days ago

I am only on month to month and pay rent every 2 weeks only owe for 2 weeks rent and went to get rest my belongings and he has changed lock and my belonging s are still inside. Havecbeen given no written notice or anything he just up and basically stole my things

Doak Willis
Doak Willis
answered on Jul 23, 2019

You are capable of getting your personal property back. You must file a small claims action in replevin against the landlord if they won't allow you to get your property.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: We let someone stay with us that said they only needed to stay for 3 -4 weeks until her apartment was ready

She has been here two weeks longer and we asked her to leave. She refuses. We have given her a deadline several times but she keeps asking for "two more days" We finally said no yet she refuses saying only one more day....then only two more days. She has a key to our house and even... View More

Doak Willis
Doak Willis
answered on Jul 12, 2019

Change the locks and when she leaves for the day, don't let her back in. Otherwise, other than physically throwing her out which is not proper, you would have to file a small claims action against her to have her removed lawfully.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: can i sue my roommates for their share of the last month of utilities?

my daughter moved out a month early (agreed upon with landlord). she had a verbal agreement with roommates to share utilities. the former roommates were notified of their share of the utilities for the last month they all lived together but are not responding. can my daughter sue in small claims... View More

Doak Willis
Doak Willis
answered on Jul 12, 2019

Yes. The best evidence of that oral agreement would be where they each shared the utilities the previous months that they lived together.If she can prove those utility payments were shared jointly then her testimony of an oral agreement would have more persuasive affect before the Court in case her... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: What are the steps, in Oklahoma, to evicting a tenant for failure to pay rent?

Oklahoma statute 41-131 makes it sound like 5 days after giving written notice of demand of payment, the lease is terminated and the tenant must leave. That sounds too simple.

Doak Willis
Doak Willis
answered on Jun 18, 2019

You can file an action called an entry and detainer immediately after the tenant breaches the rental agreement for failing to pay the rent on the due date. You do not have to give written notice if the tenant is delinquent on their rent.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Is tenant entitled to see receipts for damages charged to keep security deposit?

I think my former landlord is overcharging me in an effort to keep all my deposit. Am I entitled to see receipts for the damages she claims i made?

Doak Willis
Doak Willis
answered on Jun 9, 2019

Yes. Send a letter to the landlord requesting a copy of the receipts.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Can a landlord give me a write up or evict me for defending myself against an attack by another tenant?

I live in a Section 8 apartment complex and my landlord gave me a lease violation for my downstairs neighbor attacking myself and my service animal. She tried to smash her head with an ashtray and physically assaulted me then sprayed me and my dog in the face with ammonia. I was almost to the top... View More

Doak Willis
Doak Willis
answered on May 18, 2019

The answer is that you can be written up for just about any reason but the main issue is does the reason for the write up violate any provisions of Section 8 or not. Being the victim of a crime is not a legal reason for being evicted.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: Do I need an attorney to file a contract for deed or can I do it on my own?

I was served a 10 day notice to quit on a property that I have a purchase agreement on through the owner. He is trying to push me off the land as he recently obtained a permit to grow medical marijuana. I have receipts and proof all payments are current.. I have been paying extra for the taxes and... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on May 6, 2019

If the contract notarized with seller's signature you can file it as is. If not see an attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.

No fees are owed. Previous tenant (gifter) stayed the 5 years. My son has home title in his name on the way in the mail. Owner states she will not release lien until he has also stayed for another 5 years. Tag office states if we have lien release information they will issue new title. My son has... View More

Doak Willis
Doak Willis
answered on Apr 24, 2019

Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Can landlords in Oklahoma charge tenant for their own labor to repair and clean a rental left in horrible condition?

Rental was vacated without meeting us, the landlords, at agreed date/time for return of keys and move-out inspection. Condition of rental was horrible including dog feces, chewed interior and exterior doors and woodwork, destroyed carpeting and large amount of trash scattered throughout the unit to... View More

Kyle Persaud
Kyle Persaud
answered on Apr 24, 2019

Under Oklahoma tort law, the tenant may be liable to compensate you for damage to the property.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: We are renting a 3 bed 2 bath, we have been here over a year. Our landlord asked us a month or 2 ago if we wanted to b

We have been renting a 3bed 2 bath month to month lease. Can my landlord sell it without us knowing & then tell us to find somewhere to go within 30 days & still took our rent money we gave her before she told us we had to move out.

Doak Willis
Doak Willis
answered on Apr 10, 2019

That depends upon what your lease states.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: landlord threaten to sue for past rent but has security deposit that’ll cover it.

K

Doak Willis
Doak Willis
answered on Apr 10, 2019

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... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on
Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

We moved in Bradford Square Apartments September 14th and still nothing has been fixed I'm pregnant and have been breathing in gas and a rotten egg smell the carpet was not cleaned there's mold behind the toilet we went a whole month without hot water til the hot water tank busted then... View More

Kyle Persaud
Kyle Persaud
answered on Mar 21, 2019

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...
View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
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?

30 days issued Middle of month but accepts full months rent for the following month

Kyle Persaud
Kyle Persaud
answered on Mar 15, 2019

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Q: I left my apartment after renting for 2 years, and an eviction notice shows up now on my new apartment search.

I left a year ago without notice, but I paid each month on time, also was at the end of my lease. Do I have any way to reverse this off my record?

Kyle Persaud
Kyle Persaud
answered on Mar 7, 2019

Call the landlord who issued the eviction notice, and ask if they will remove it from your record.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Evicted & served judgement. LL re-rented within 2 months. Am I entitled to have judgement amount reduced?

12 month lease, 4 months in. Lost job, made partial payment agreement w/LL (did pay 1st installment) - filed against me anyway

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

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.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If my tenant abandoned the property without paying anything how can I find a way for them to pay my lost
Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

File a lawsuit against the tenant.

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