Legal Question in Landlord & Tenant Law in Oklahoma

My landlord asked me if i could help him out with remodeling a house that he had aquired. We had a verbal agreement that i would be compensated for any materials that i supplied and my labor. During the three months(8-02-11 thru 11-15-11) i didnt pay rent because he never paid me for anything and i assumed he subtracted the rent ($575.00 per mnth) from the accumulating costs of the job. As of 11-1-11 i gave him a statement for the work i had done to date + materials ($3700.00) he gave it backafter the work was complete with my prices scratched out and edited to his liking ($2200.00) the final bill was($4900.00). I kept accurate records and reciepts so that i could be accurate when issueing a statement. When the job was completed i explained that for an upcoming job i need to be paid because cashflow is essential in construction but i kept being put off and my calls stopped being returned. Finally he calls on 1-20-12, he is claiming i owe him rent and issues a pay or vacate. I made it clear on numerous occasions that i didnt want to let my rent absorb the amount owed to me. If that were the case he still owes over half the total. What do i do?


Asked on 1/31/12, 1:36 am

1 Answer from Attorneys
Marsha Dixon

Because you did not provide a written contract but you have proof of your labor, cost, expenses and supplies, you MUST file a lien and take the matter to small claims court. We also recommend that you file a lien directly against the Landlord and owner of the property.

Or, make sure he is owner of the property before you file along with your invoices and receipts; proof of your claims against him reflecting the total amount owed.

The Judge may need to see these invoices and receipts and He/She may offset the amounts you owe to the Landlord if it is determined that it should be applied towards your rent. Either way, you must take this to court to remedy these agreements.

We would also recommend that you take the Landlord, in a separate petition regarding this rentto make sure the courts knows or is made aware that your cashflow was hindered by your agreement with the Landlord.

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Answered on 7/23/12, 6:48 pm


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