Legal Question in Landlord & Tenant Law in Oklahoma

My daughter moved into a rental house on 10 Aug 12 after paying deposit and first month's rent, plus pet deposit. When she went to have water turned on, she was told the house had never been inspected. Now the owner of the house told her NOT TO TELL THE INSPECTORS that they've been living in the house since last Friday. . . WITH NO WATER! Is this a breach of contract on the part of the owner? Also, when my daughter told the owner (last Friday) that he needed to get the house inspected because she could not get the water turned on, he told her she could turn on the water herself, just don't get caught because it would be a $750.00 fine! Anxiously awaiting your reply as we would like to get her and her roommates out of that contract ASAP! -- Angie


Asked on 8/13/12, 10:26 am

1 Answer from Attorneys
Marsha Dixon

Don't do it! What we see here are blatant legal and unethical violations or issues. This is also signficiant cause to break the lease agreement! Water and inspections are requirements..not options and the lack of water poses health and safety issues.

More importantly what you are looking at are consequences down the road and this is a blatant and malicious breach of your lease agreement, violations of Oklahoma Landlord and Tenant Act and violations of the Fair Housing Act.

As such, you must send the Landlord a certified letter (include a copy in the U.S. mail) outlining these events, situations or circumstances immediately. You must also inform him/her of your intent to vacate or quit and demand a refund of your rent and deposits.

Your cause to break the lease agreement can include (1) an outline of the specific circumstances regarding availability to water, (2) a default of the lease agreement and (3)undisclosed municipal and housing violations and (4) health and safety issues due to a lack of, or use of water. Additionally, we recommend that you provide an attached copy of a statement by and through the water department regarding required inspections.

If the Landlord does not release you, your efunds and your rent immediately, it is recommended that you file your case in court to allow him/her to face multiple Landlord and municipal violations.

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Answered on 8/13/12, 3:23 pm


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