Lease terms can't undo tenant rights

Living in an apartment comes with certain rights that can't be taken away under the terms of a rental agreement, according to a 31-year-old Oklahoma law.

These rights are spelled out for apartment and rental house tenants in the Oklahoma Residential Landlord and Tenant Act, outlined in a Tulsa County Bar Association brochure at tulsaworld.com/LandlordTenantAct .

Any provision in a rental agreement that conflicts with the act cannot be enforced.

Apartment landlords must keep all common areas, used by more than one tenant, safe and clean. The premises must be kept in a safe, livable condition and electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other facilities and appliances must be in good and safe working order, unless otherwise agreed to by a "conspicuous" writing independent of the rental agreement.

For apartments, the landlord must provide trash receptacles and frequent removal, unless this is provided by a government entity. Running water must be supplied, along with reasonable amounts of hot water and heat, unless the unit has a separate metered utility connection for these services.

If the landlord does not make necessary repairs or provide necessary services, the tenant must give him written notice — by certified mail, return receipt requested — of any needed repairs to keep the living quarters safe and healthy.

If the defect affects safety or health, the landlord must be notified in writing that if repairs are not made in 14 days the tenant will move out 30 days after the notice was received and the lease will terminate. If repairs cost less than $100, the tenant may tell the landlord that repairs will be made and their cost or added value subtracted from tenant's rent if management does not make the repairs in 14 days.

If failure of an essential service is the landlord's fault or caused by his willful act, the tenant may give written notice to end the lease and move immediately, or move somewhere temporarily and not owe rent during his absence. Or the tenant may sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service and what the tenant is required to pay under the lease.

If the conditions are so bad that they pose an imminent threat to health or safety and they are not remedied as soon as conditions require, the tenant may give written notice of the problem and end the lease immediately.

If a fire or other emergency makes the living place unsafe, the tenant may end the lease by moving out and giving one week's written notice.

Such rights do not exist if the damage was caused by the tenant or a family member or a pet, or by a person or animal on the premises with the tenant's consent.

The landlord must give the tenant information in writing stating the name and address of the apartment owner, manager or the people authorized to accept notices from tenants. If this information changes, it must be kept current by the apartment manager. If no such disclosure is made, the person who signed the lease as the landlord must accept notices and make repairs.

Landlords have some rights, too

In addition to protecting tenants, the Oklahoma Residential Landlord and Tenant Act also spells out landlord rights. Some common situations are summarized below.

Tenant responsibilities: Apartment tenants must keep their living areas clean and safe, disposing of trash properly, keeping plumbing fixtures clean and using facilities safely without destroying their components. They must comply with the wording of their lease and not do or allow anything to be done that would disturb other tenants.

Lease breachers: Lease noncompliance by the tenant may be remedied by the landlord through repair, replacement or cleaning after the tenant receives 10 days' written notice. The landlord may remedy the breach by making repairs and billing the tenant for the cost or value.

This does not terminate the lease. If the tenant fails to comply with the lease in such a way as to affect health or safety, the landlord may give written notice explaining the breach, stating that if it is not remedied within 10 days, the tenant's lease will be terminated. If the tenant does something causing an emergency, and this is not remedied, the landlord may terminate the lease immediately.

Landlord entry: The landlord may enter the apartment in a reasonable way at reasonable times to inspect, make repairs, supply necessary services or show the building. Unless an emergency exists, the landlord must provide the tenant at least one day's notice of his intent to enter.

Terminating a tenant's lease: A landlord cannot evict a tenant before the lease expiration date unless the tenant fails to pay rent or defaults in some obligation set out in the lease, and the landlord gives a one-time proper notice. If rent is not paid within five days of the landlord's written notice demanding payment, the landlord may terminate the rental agreement.

Month-to-month leases or tenancy-at-will residents may be given 30 days' written notice to vacate, or they may give the landlord 30 days' written notice of their departure. Week-to-week renters need only give or receive one week's notice.

Failure to vacate: If the tenant fails to move out at the end of the lease, the landlord may immediately sue for eviction and damages. Management also may collect twice the amount of rent if the holdover is not in good faith. If the landlord consents, the tenant may stay on as a month-to-month tenant.

Tulsa World consumer writer Phil Mulkins wants to know which topics interest you most. Call 699-8888 or e-mail your interest to phil.mulkins@TulsaWorld.com or mail it to Tulsa World Consumer, PO Box 1770, Tulsa OK 74102-1770.

Local

CrimeWatch

State

U.S./World

Courts

Government

Education

Health

Religion

Transitions

Special Projects

Databases

Lease terms can't undo tenant rights

Oklahoma law spells out the landlord's duties

Living in an apartment comes with certain rights that can't be taken away under the terms of a rental agreement, according to a 31-year-old Oklahoma law.

Landlords have some rights, too

Your bookmark will appear on your Profile page. Please give it a title, and short description so that visitors to your page will understand where the bookmark leads.
Bookmark Title :

Bookmark Text :