In Oklahoma, a landlord’s obligation for providing a habitable living space is primarily governed by OK Stat. § 41-118. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
Applicable Dwelling Types in Oklahoma
The implied warranty of habitability in Oklahoma does not apply to all types of dwellings. See the table below for which are and aren’t included.
|Dwelling Type||Landlord/Tenant Laws Apply?|
|RV parks||Not specifically addressed|
|Mobile home parks||Yes|
|Condos||Only if person in condo is renter, not owner|
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Oklahoma
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Oklahoma, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
|Habitability Issue||Landlord Responsibility?|
|Provide windows and doors that are in good repair.||Not addressed|
|Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.||Not addressed|
|Provide hot and cold running water.||Multi-family units|
|Provide working HVAC equipment.||Yes|
|Provide working plumbing and electrical wiring/outlets/ lighting.||Yes|
|Provide working gas lines if used for utilities/cooking||Not addressed|
|Provide working sanitation facilities (bathtub/shower, toilet).||Yes|
|Provide a trash can (for trash pickup services).||Multi-family units|
|Ensure that any stairs and railings are safe.||Not addressed|
|Ensure that all floors are in good condition and safe.||Not addressed|
|Provide fire exits that are usable, safe, and clean.||Not addressed|
|Ensure storage areas, including garages and basements, do not house combustible materials.||Not addressed|
|Provide working smoke detectors||Not addressed|
|Provide a mailbox.||Not addressed|
|Provide working wiring for one telephone jack.||Not addressed|
|Provide working kitchen appliances.||No|
|Provide working carbon monoxide detector.||Not addressed|
|Provide a working washer/dryer.||No|
Landlords must make all necessary repairs to keep the dwelling unit in a safe and habitable condition. In some circumstances, a tenant and landlord may agree in writing that the tenant may perform certain repairs and maintenance tasks.
If a landlord is aware that the rental unit was used in the production of methamphetamines, the landlord is required to disclose this information to potential tenants.
The only exception to this rule is if the rental unit has been tested for contamination and is found to be within the allowable limits.
If a rental unit has been flooded within the past five years, this information must be included in the written rental agreement.
Tenant’s Right to Repairs in Oklahoma
Landlords are required to make and pay for any repairs to make the unit livable that are not caused by the tenant. If there is a material noncompliance by the landlord, the tenant should notify the landlord of the situation immediately.
- Sending Notice– It is recommended that tenants send the dated, written notice with proof that it was received by the landlord, and keep a copy for their records. The landlord is given 14 days to make any necessary repairs after receiving written notice.
- Landlord Access– Tenants are required to give the landlord access to the property to make necessary repairs during reasonable hours. However, a landlord must give tenants 24 hours’ notice unless it’s an emergency or the tenant no longer occupies the rental unit.
Tenant’s Options if Repairs Aren’t Made in Oklahoma
If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.
- Withhold Rent – Oklahoma landlord tenant law does not allow tenants to withhold rent in response to habitability issues.
- Repair and Deduct – Tenants have the right to repair the issue themselves after 14 days of notice (or sooner in the case of emergency) and deduct a reasonable amount for the repair from the following month’s rent if the total costs for repair is less than $100. The tenant must provide the landlord with an itemized statement to deduct the cost of repair. The tenant may also obtain essential services (i.e., electricity, hot water, running water, heat, gas, etc.) during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
- Lawsuit – Tenants do have the right to sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service.
Landlord Retaliation in Oklahoma
There are no statutes regarding landlord retaliation in Oklahoma.