What can I do if my landlord refuses to make repairs and wants me to make them?
Full Question:
We have a fence in our backyard that needs repair and our landlord refuses to fix it. He says he will give us the materials to do it ourselves. Is that legal?
12/01/2007 |
Category: Landlord Ten... ยป Repairs |
State: Oklahoma |
#13180
Answer:
The following are Oklahoma statutes:
§ 41-118. Duties of Landlord and Tenant.
A. 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;
4. 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.
B. 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.
§ 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.
§ 41-122. Damage to or Destruction of Dwelling Unit — Rights and
Duties of Tenant.
A. If the dwelling unit or premises are damaged or destroyed by fire or
other casualty to an extent that enjoyment of the dwelling unit is
substantially impaired, unless the impairment is 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, the tenant may:
1. Immediately vacate the premises and notify the landlord in writing
within one (1) week thereafter of his intention to terminate the rental
agreement, in which case the rental agreement terminates as of the date
of vacating; or
2. If continued occupancy is possible, vacate any part of the dwelling
unit rendered unusable by the fire or casualty, in which case the
tenant's liability for rent is reduced in proportion to the diminution in
the fair rental value of the dwelling unit.
B. If the rental agreement is terminated under this section the
landlord shall return all deposits recoverable under Section 15 of
this act and all prepaid and unearned rent. Accounting for rent in
the event of termination or apportionment shall be made as of the
date of the fire or other casualty.
§ 41-125. Defective Condition of Premises — Report to Landlord.
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.