Empowering Tenants: How to Get Repairs at Your Landlord's Expense

Changes to the Oklahoma Landlord Tenant Act help to empower tenants to ensure they can have a safe and habitable home. If a landlord fails or refuses to make essential repairs, tenants can hire a professional and deduct the costs from their rent. This change marks a significant step forward in safeguarding tenant rights and fostering better landlord-tenant relationships.

Landlord Duties

Oklahoma tenants have the right to a safe and habitable living environment. The rental unit (dwelling) must be structurally sound, have working utilities, and be free from dangers like lead paint or pests. Landlords must make repairs and take any other steps necessary to keep the rental unit livable. Additionally, landlords are responsible for maintaining essential systems in good working condition, such as the:

Electrical
Plumbing
Sanitary/sewage
Heating and air-conditioning
Ventilation

Tenant Rights to Deduct Repair Costs

Oklahoma law provides a mechanism for tenants to handle situations where necessary repairs are ignored or delayed by the landlord. Under certain conditions, tenants can arrange for the repair of an issue and deduct the cost from their rent. However, this right is not without restrictions. The repair must address an issue that significantly affects the habitability of the rental property. This means the problem must be serious enough that it poses a significant health risk. Minor cosmetic issues like chipped paint or a leaky faucet may not be grounds for repair deductions.

Tenants must follow these steps to deduct repair costs from rent:

Step #1: Notify the Landlord

Tenants must send their landlord a written notice describing the unsafe condition. The notice must also inform the landlord of the tenant's intent to correct the condition at the landlord's expense if the landlord fails to do so within 14 days (or as promptly as conditions require) of the landlord receiving the notice.

Tip: Avoid relying solely on online maintenance/repair portals, email, text messages, or phone calls to the landlord asking for maintenance/repairs. Tenants should use their landlord's preferred method for making requests AND send their landlord a written notice (as described above). The notice should include:

Be dated and signed
Contain the tenant's contact information
Be sent via certified mail (ask your local post office for assistance).

Below is a downloadable Template Letter to Landlord for Requested Repairs and Rent Deduction and an Example Letter.

Please read the notes in the downloadable Template and Example Letter.

Step #2: Hire a Qualified Professional

After 14 days (or as promptly as conditions may require), if the landlord has not repaired the condition, the tenant may hire a qualified professional to make the repairs. A qualified professional is a person who has the necessary knowledge, training, and skills to perform a job that would meet the standards for that industry. For example, if a pipe bursts, the tenant must hire a licensed plumber or an apprentice working under a licensed contractor.

Step #3: Send an Itemized Statement to the Landlord

After the repairs are done, the tenant must give the landlord an itemized statement of the repair work performed and the costs. Tenants should keep all receipts, invoices, billing statements, and other records that prove what repair work was done and the cost.

Step #4: Deduct Costs from Rent

Once the tenant has provided the landlord with an itemized statement, the tenant can deduct the actual reasonable cost of the work (or fair reasonable value) from their next month's rent payment. However, tenants can only deduct a maximum of 1-month's worth of rent. For instance, if the cost of repairing the plumbing was $1,500 and the tenant's rent is $1,000 per month, the tenant does not have to pay their next month's rent, but they must pay the full $1,000 the following month.

Conclusion

Oklahoma law provides tenants with the right to address certain repair issues themselves if the landlord fails to act in a reasonable time frame. While the process of making repairs and deducting the cost from rent can seem complicated, it’s a valuable option for tenants facing severe and unresolved maintenance problems. If you find yourself in this situation, be sure to follow the steps outlined in the law, communicate effectively with your landlord, and keep thorough records of your actions.

Important Note:

Also, tenants should keep in mind the failure or refusal of a landlord does not mean the tenant can stop paying rent. This article addresses specific circumstances and might not be suitable for every tenant's situation. Remember, if you're unsure about how to proceed or if you're facing a situation where the repair issue is unclear, you might want to consult an attorney or legal advisor to ensure you're handling things correctly and protecting your rights as a tenant.

Please review Martuch Law's Legal Disclaimer.