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.
|HVAC, Electrical/Plumbing, Sanitation Facilities
|Time Limit for Repairs
|Tenant Recourse Options
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.
|Landlord/Tenant Laws Apply?
|Not specifically addressed
|Mobile home parks
|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.
|Provide windows and doors that are in good repair.
|Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.
|Provide hot and cold running water.
|Provide working HVAC equipment.
|Provide working plumbing and electrical wiring/outlets/ lighting.
|Provide working gas lines if used for utilities/cooking
|Provide working sanitation facilities (bathtub/shower, toilet).
|Provide a trash can (for trash pickup services).
|Ensure that any stairs and railings are safe.
|Ensure that all floors are in good condition and safe.
|Provide fire exits that are usable, safe, and clean.
|Ensure storage areas, including garages and basements, do not house combustible materials.
|Provide working smoke detectors
|Provide a mailbox.
|Provide working wiring for one telephone jack.
|Provide working kitchen appliances.
|Provide working carbon monoxide detector.
|Provide a working washer/dryer.
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.
Repairs, Recourse & Retaliation in Oklahoma
If a rental property is in violation of the implied warranty of habitability in Oklahoma, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting 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.
Renter’s Rights if Repairs Aren’t Made in Oklahoma
Oklahoma renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters usually have to give the landlord written notice about the issue that needs fixing and wait 14 days for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or repair and deduct for minor repairs. However, the renter usually can’t sue or withhold rent. Read More
Landlord Retaliation in Oklahoma
Oklahoma is one of the only states where landlord retaliation is legal. Landlords are generally allowed to retaliate against tenants by evicting or changing the terms of the tenancy in response to something the tenant does, as long as the response is legal in general.