A. If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate the rental agreement by giving a written notice of such termination to the landlord, whereupon the landlord shall return all prepaid rent and deposit, or the tenant may, at his option, demand performance of the rental agreement by the landlord and maintain an action for possession of the dwelling unit against any person wrongfully in possession and recover the actual damages sustained by him.
B. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than twice the monthly rental as specified in the rental agreement, computed and prorated on a daily basis, for each month, or portion thereof, that said person wrongfully remains in possession.
Added by Laws 1978, c. 257, § 20, eff. Oct. 1, 1978.
Structure Oklahoma Statutes
§41-1. Who deemed tenant at will.
§41-2. Tenant holding over as tenant at will - Expiration of unwritten contract.
§41-3. Tenant holds from one period to another, when.
§41-4. Time of notice to terminate tenancy.
§41-5. Termination of tenancy from year to year.
§41-6. Notice to quit where rent not paid.
§41-7. Notice when rent not paid under tenancy for less than three (3) months.
§41-8. Notice to quit not required, when.
§41-9. Service of notice - Termination of tenancy.
§41-10. Tenant may not assign, when.
§41-11. Landlord may reenter after unauthorized assignment.
§41-12. Attornment unnecessary to conveyance.
§41-13. Attornment to stranger void.
§41-15. Rights of alienees of lessors and lessees.
§41-16. Rents from life grants.
§41-17. Recovery of arrears of rent from life grants after death.
§41-18. Rights and liabilities of executors and administrators.
§41-19. Occupants without contract liable for rent.
§41-20. Contribution by joint tenants.
§41-21. Joint tenant may recover his share of rents.
§41-22. Recovery for waste or trespass by remainderman.
§41-23. Farm rent lien on crop.
§41-26. Purchaser of crop with notice liable for rent.
§41-27. Landlord may have attachment, when.
§41-28. Attachment for rent lien on crops.
§41-30. Taxation of improvements.
§41-33. Lease presumed to be for one year.
§41-35. Continued possession renews the lease, when.
§41-36. Renewal of lease presumed unless notice of termination given.
§41-38. Duty of tenant in case of proceedings.
§41-40. Forfeiture of lease - Release from record - Penalty.
§41-51. Abandonment or surrender of nonresidential rental property - Definitions.
§41-104. Arrangements not covered by act.
§41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.
§41-107. Good faith performance or enforcement.
§41-108. Beneficial owner to maintain premises.
§41-111. Termination of tenancy.
§41-112. Duties of parties upon termination of tenancy.
§41-113.1. Denial or termination of tenancy because of guide, signal or service dog.
§41-113.2. Assistance animal – Reasonable housing accommodation request.
§41-113.3. Victims of domestic violence, sexual violence, or stalking.
§41-113a. Disclosure of flood or flooding problems in rental agreement.
§41-114. Alienees - Rights, obligations and remedies.
§41-115. Damage or security deposits.
§41-118. Duties of landlord and tenant.
§41-119. Conveyance of property - Attornment of tenant.
§41-120. Failure of landlord to deliver possession of dwelling unit to tenant.
§41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.
§41-123. Wrongful removal or exclusion from dwelling unit.
§41-125. Defective condition of premises - Report to landlord.
§41-126. Tenant's use and occupancy of premises - Rules and regulations.
§41-129. Tenant's breach of rental agreement - Wrongful abandonment.
§41-130.1. Death of tenant - Disposition of personal property.
§41-133. Lien on tenant's property.