Can the landlord increase the rent in the middle of the lease?
Full Question:
I live in apt in Oklahoma City. I have a 2 yr lease with 9 months left. The lease expires 7-30-07. I received a note on my door last night that my lease is being resigned and the rent is increasing 12-1-07 due to the cost of maintaining the property. Can the apt management do this?
11/02/2007 |
Category: Landlord Tenant |
State: Oklahoma |
#11478
Answer:
The following are Oklahoma statutes:
§ 41-109. Rent.
A. In the absence of agreement, the occupants of a dwelling unit shall
pay to the landlord as rent the fair rental value for the use and
occupancy of the dwelling unit.
B. Rent shall be payable at the time and place agreed to by the
parties. Unless otherwise agreed, the entire rent shall be payable at the
dwelling unit at the beginning of any term of one (1) month or less,
while one (1) month's rent shall be payable at the beginning of each
month of a longer term.
§ 41-111. Termination of Tenancy.
A. Except as otherwise provided in the Oklahoma Residential Landlord
and Tenant Act, when the tenancy is month-to-month or tenancy at will,
the landlord or tenant may terminate the tenancy provided the landlord or
tenant gives a written notice to the other at least thirty (30) days
before the date upon which the termination is to become effective. The
thirty-day period to terminate shall begin to run from the date notice to
terminate is served as provided in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential Landlord
and Tenant Act, when the tenancy is less than month-to-month, the
landlord or tenant may terminate the tenancy provided the landlord or
tenant gives to the other a written notice served as provided in
subsection E of this section at least seven (7) days before the date upon
which the termination is to become effective.
C. Unless earlier terminated under the provisions of the Oklahoma
Residential Landlord and Tenant Act or unless otherwise agreed upon, a
tenancy for a definite term expires on the ending date thereof without
notice.
D. If the tenant remains in possession without the landlord's consent
after the expiration of the term of the rental agreement or its
termination under the Oklahoma Residential Landlord and Tenant Act, the
landlord may immediately bring an action for possession and damages. If
the tenant's holdover is willful and not in good faith the landlord may
also recover an amount not more than twice the average monthly rental,
computed and prorated on a daily basis, for each month or portion thereof
that said tenant remains in possession. If the landlord consents to the
tenant's continued occupancy, a month-to-month tenancy is thus created,
unless the parties otherwise agree.
E. The written notice, required by the Oklahoma Residential Landlord
and Tenant Act, to terminate any tenancy shall be served on the tenant or
landlord personally unless otherwise specified by law. If the tenant
cannot be located, service shall be made by delivering the notice to any
family member of such tenant over the age of twelve (12) years residing
with the tenant. If service cannot be made on the tenant personally or on
such family member, notice shall be posted at a conspicuous place on the
dwelling unit of the tenant. If the notice is posted, a copy of such
notice shall be mailed to the tenant by certified mail. If service cannot
be made on the landlord personally, the notice shall be mailed to the
landlord by certified mail. For the purpose of this subsection, the word
"landlord" shall mean any person authorized to receive service of process
and notice pursuant to Section 116[41-116] of this title.
§ 41-119. Conveyance of Property — Attornment of Tenant.
A. A conveyance of real estate, or of any interest therein, by a
landlord shall be valid without the attornment of the tenant, but the
payment of rent by the tenant to the grantor at any time before written
notice of the conveyance is given to the tenant shall be good against the
grantee.
B. The attornment of a tenant to a stranger shall be void, and shall
not affect the possession of the landlord unless it is made with the
consent of the landlord, or pursuant to a judgment at law, or the order
or decree of a court.
C. Unless otherwise agreed and except as otherwise provided in this
act, upon termination of the owner's interest in the dwelling unit
including, but not limited to, terminations of interest by sale,
assignment, death, bankruptcy, appointment of a receiver or otherwise,
the owner is relieved of all liability under the rental agreement and of
all obligations under this act as to events occurring subsequent to
written notice to the resident of the termination of the owner's
interest. The successor in interest to the owner shall be liable for all
obligations under the rental agreement or under this act. Upon receipt by
a resident of written notice of the termination of the owner's interest
in the dwelling unit, a resident shall pay all future rental payments,
when due, to the successor in interest to the owner.
D. Unless otherwise agreed and except as otherwise provided in this
act, a manager of premises that includes a dwelling unit is relieved of
liability under a rental agreement and this act as to events occurring
after written notice to the tenant of the termination of his management.
§ 41-121. Landlord's Breach of Rental Agreement — Deductions
from Rent for Repairs — Failure to Supply Heat, Water or Other
Essential Services — Habitability of Dwelling Unit.
A. 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 18 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.
B. 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 18 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.
C. Except as otherwise provided in this act, if, contrary to the rental
agreement or Section 18 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.
D. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agreement or
Section 18 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.
E. 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.