Oklahoma Statutes
Title 41. Landlord and Tenant
§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 118 of this title 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 118 of this title which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is equal to or less than one month's rent, the tenant may notify the landlord in writing of his or her 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 or her 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 118 of this title, 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 118 of this title, 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 or she 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 or her family, his or her animal or pet or other person or animal on the premises with his or her consent.
Added by Laws 1978, c. 257, § 21, eff. Oct. 1, 1978. Amended by Laws 2022, c. 230, § 1, eff. Nov.1, 2022.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 41. Landlord and Tenant

§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.

§41-14. Rights of sublessees.

§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.

§41-24. Crop rent.

§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.

§41-37. Rent payable, when.

§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.

§41-52. Abandonment or surrender of nonresidential rental property - Disposition of personal property of tenant - Notice - Storage costs - Liability of landlord - Application of proceeds of sale.

§41-61. Computation of time.

§41-101. Short title.

§41-102. Definitions.

§41-103. Application of act.

§41-104. Arrangements not covered by act.

§41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.

§41-106. Settlement of claim.

§41-107. Good faith performance or enforcement.

§41-108. Beneficial owner to maintain premises.

§41-109. Rent.

§41-110. Term of tenancy.

§41-111. Termination of tenancy.

§41-112. Duties of parties upon termination of tenancy.

§41-113. Rental agreements.

§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.

§41-116. Person to accept service or notice - Identity of owner and manager - Failure to comply with section.

§41-117. Commencement of tenancy - Delivery of possession - Wrongful possession - Limitations on use - Rights regarding occupants - Reasonable occupancy limitation.

§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.

§41-121. Landlord's breach of rental agreement - Deductions from rent for repairs - Failure to supply heat, water or other essential services - Habitability of dwelling unit.

§41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.

§41-123. Wrongful removal or exclusion from dwelling unit.

§41-124. Damages for unlawful entry, lawful entry in unreasonable manner harassment - Limitation on remedies.

§41-125. Defective condition of premises - Report to landlord.

§41-126. Tenant's use and occupancy of premises - Rules and regulations.

§41-127. Duties of tenant.

§41-128. Consent of tenant for landlord to enter dwelling unit - Emergency entry - Abuse of right of entry - Notice - Abandoned premises - Refusal of consent.

§41-129. Tenant's breach of rental agreement - Wrongful abandonment.

§41-130. Abandoning, surrendering or eviction from possession of dwelling unit - Disposition of personal property.

§41-130.1. Death of tenant - Disposition of personal property.

§41-131. Delinquent rent.

§41-132. Tenant's failure to comply with rental agreement or perform duties - Rights and duties of landlord.

§41-133. Lien on tenant's property.

§41-134. Enforcement of lien.

§41-135. Construction of act.

§41-136. Removal of rented furniture - Procedure.

§41-201. Declining or terminating lease agreement based upon felony conviction of tenant or occupant.