Legal Question in Civil Litigation in Oklahoma
We have been problems with our landlord taking care of problems with our house. We have had a problem with our roof leaking in the living room, hallway, and bathroom. I spoke to the landlord about this two months ago and he said he would patch it. It has not been fixed and we have yet to see him and it has been raining alot. He will not answer any of our phone calls or return messages. Could we legally not pay rent and hire someone to fix the roof ourselves?
2 Answers from Attorneys
I do not think you can deduct from rent unless your contract says so. But you do have recourse as set forth below.
Examine your contract. If it requres him to do it; then give him written notice and if he does not do it within the time period given, then you make the repairs and sue him in small claims. If the contract says you can then do it and send him the bill to pay. Ifhe does not pay, then go to small claims.
According to the Oklahoma Landlord Tenant Act, the Landlord has the responsibility for any repairs that affect your health and safety. This include the infrastructure of the dwelling. If there are leaks you may be exposed to mold and the deterioration of the roof. These conditions affect your health and safety.
For this reason, it is recommended that you demand repairs in writing or by certified letter. This documentation can be used in small claims court. Otherwise, you are allowed rent deductions for repairs under this act. Act the Landlord can be provided 30 days written notice of your intent to break the lease agreement. This is cause to break this lease due to the hazardous conditions of the dwelling which should include a demand to return of your deposit.
However, it is important to review the lease agreement regarding this issue before making a decision. You are not be required under any circumstances to under such conditions. If your Landlord will not uphold their responsibilities to maintain the dwelling or adhere to the lease, he or she is in default.