Most places, including Oklahoma, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Oklahoma Implied Warranty of Habitability
In Oklahoma, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Oklahoma
Note: Check local city/county laws and ordinances for additional requirements. Additionally, in Oklahoma, tenants can specifically agree, in a writing separate from the lease, to handle any of the landlord’s habitability obligations.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Usually Heating | Only If Provided |
| Hot Water | Usually | Usually |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Usually | Usually |
| Garbage Pickup | Usually | Usually |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Oklahoma
Oklahoma landlords must provide heating for rental properties that aren’t single-family housing and which don’t have directly metered connections. They don’t have to provide air conditioning, but they have to keep it in good working order if provided.
Are Landlords Required to Provide Air Filter Replacements in Oklahoma?
Oklahoma landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Oklahoma
Oklahoma landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Oklahoma?
Oklahoma landlords must provide and maintain running heated water for rental properties that aren’t single-family housing and which don’t have directly metered connections.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Oklahoma?
Oklahoma landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Oklahoma Responsible for Fixing Leaks?
Oklahoma landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Oklahoma
Oklahoma landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, they do have to keep such appliances in good working order if they’re provided.
Landlord Responsibilities for Electrical Issues in Oklahoma
Oklahoma landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Oklahoma?
Oklahoma landlords are not responsible for replacing light bulbs or particular light fixtures, except as needed to maintain provided conveniences or appliances.
Landlord Responsibilities for Garbage Removal in Oklahoma
Oklahoma landlords must provide and maintain outside garbage containers and garbage removal services for rentals that aren’t single- or two-family dwellings, except when these services are provided by the government.
Landlord Responsibilities for Landscaping in Oklahoma
Oklahoma landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas (other than single-family residences), violate local codes, or create health and safety hazards.
Landlord Responsibilities Regarding Mold in Oklahoma
Oklahoma landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Oklahoma
Oklahoma landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Oklahoma
Oklahoma landlords have no specific responsibility to provide window coverings to any particular standard. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Oklahoma
Oklahoma landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Oklahoma?
Oklahoma landlords are responsible for replacing batteries of safety devices such as smoke alarms and CO detectors, since these are life safety systems that the landlord is required to provide.
Landlord Responsibilities for Washers and Dryers in Oklahoma
Oklahoma landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s responsibility to keep such appliances in good working order.
Renter’s Rights for Repairs in Oklahoma
Oklahoma renters have the right to repairs for issues impacting health and safety which they didn’t cause. To exercise their right, the renter must start by notifying the landlord of the issue in writing, as soon as practically possible. The landlord then usually has 14 days to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, or repair and deduct for repairs under $100 total value (or more, when the landlord deliberately or negligently cuts off essential utilities). The renter isn’t allowed to withhold rent.
Sources
- 1 41 Okla. Stat. § 118(A)(1) - (A)(3) (2020)
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“A landlord shall at all times during the tenancy: 1. Except in the case of a single-family residence, keep all common areas of his building, grounds, facilities and appurtenances in a clean, safe and sanitary condition; 2. 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; 3. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him…”
Source Link - 2 41 Okla. Stat. § 118(A)(4) & (A)(5) (2020)
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“A landlord shall at all times during the tenancy: Except in the case of one-or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and 5. Except in the case of a single-family residence or where the service is supplied by direct and independently-metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat.”
Source Link - 3 41 Okla. Stat. § 113(A)(1) & (B) (2020)
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“A rental agreement may not provide that either party thereto [a]grees to waive or forego rights or remedies under this [Uniform Residential Landlord-Tenant] act… [a] provision prohibited by subsection A of this section and included in a rental agreement is unenforceable.”
Source Link - 4 41 Okla. Stat. § 118(B) (2020)
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“The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling.”
Source Link - 5 41 Okla. Stat. § 127(1) - (5) (2020)
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“The tenant shall at all times during the tenancy: 1. Keep that part of the premises which such tenant occupies and uses as safe, clean and sanitary as the condition of the premises permits; 2. Dispose from such tenant’s dwelling unit all ashes, garbage, rubbish and other waste in a safe, clean and sanitary manner; 3. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean and sanitary as their condition permits; 4. Use in a safe and nondestructive manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises; 5. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person, animal or pet to do so.”
Source Link - 6 2018 Int’l Fire Code § 907.2.8.2 & 2.8.3 (2018)
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Oklahoma currently incorporates the 2018 edition of the International Fire Code, which provides: “An automatic smoke detection system… shall be installed [subject to exceptions]… single- and multiple-station smoke alarms shall be installed [per code requirements]…”
Source Link - 7 2018 Int’l Fire Code § 915.1.1 (2018)
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Oklahoma currently incorporates the 2018 edition of the International Fire Code, which provides: “Carbon monoxide detection shall be provided in Group I-1, I-2, I-4 and R occupancies and in classrooms in group E occupancies where any of the conditions in 915.1.2 through 915.1.6 exist.”
Source Link - 8 2018 Int’l Fire Code § 907.8.5 (2018)
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Oklahoma currently incorporates the 2018 edition of the International Fire Code, which provides: “The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”
Source Link - 9 41 Okla. Stat. § 121(A) (2020)
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“Except as otherwise provided in this act, if there is a material noncompliance by the landlord with the terms of the rental agreement or a noncompliance with any of the provisions of Section 118 of this act which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified.”
Source Link - 10 41 Okla. Stat. § 125 (2020)
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“Any defective condition of the premises which comes to the tenant’s attention, and which the tenant has reason to believe is unknown to the landlord, shall be reported by the tenant to the landlord as soon as practicable.”
Source Link - 11 41 Okla. Stat. § 121(E) (2020)
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“All rights of the tenant under this section do not arise until he has given written notice to the landlord or if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his family, his animal or pet or other person or animal on the premises with his consent.”
Source Link - 12 41 Okla. Stat. § 121(B) (2020)
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“Except as otherwise provided in this act, if there is a material noncompliance by the landlord with any of the terms of the rental agreement or any of the provisions of Section 118 of this act which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord’s expense after the expiration of fourteen (14) days. If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach.”
Source Link - 13 41 Okla. Stat. § 121(C) (2020)
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“Except as otherwise provided in this act, if, contrary to the rental agreement or Section 118 of this act, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may: 1. Upon written notice, immediately terminate the rental agreement; or 2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; or 3. Recover damages based upon the diminution of the fair rental value of the dwelling unit; or 4. Upon written notice, procure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance.”
Source Link - 14 41 Okla. Stat. § 121(D) (2020)
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“Except as otherwise provided in this act, if there is a noncompliance by the landlord with the terms of the rental agreement or Section 118 of this act, which noncompliance renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which noncompliance is not remedied as promptly as conditions require, the tenant may immediately terminate the rental agreement upon written notice to the landlord which notice specifies the noncompliance.”
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