Legal Question in Landlord & Tenant Law in Oklahoma
Landlord's Breach of Contract
I was leaving my home this morning for the office, and I found a notice on my front door from the city saying that my water was going to be disconnected within 48 hours. I checked my lease, and it says that the landlord is responsible for water, garbage and sewer. I e-mailed my landlord and she said that was a mistake on the lease. The landlord claimed that my lease is the same they use for their apartment complex, and that they pay the apt. water, but not for their houses. She said that it was a mistake and that the water was my responsibility. The landlord also apologized for ''any misunderstanding''. I have the lease that clearly states it is her responsibility and has her signature.
How do I proceed, especially since I now have less than 48 hours?
Also, she said that she would call me today to discuss it, and I never heard from her...
1 Answer from Attorneys
Re: Landlord's Breach of Contract
If this clause or agreement existed and/or was stipulated before, during and after signing the lease agreement; it is binding. The Landlord, not the Tenant, is responsible for the water, garbage and sewer. If it was a mistake, correction or "misunderstanding" it should have be discussed, amended or agreed upon (in writing and included as an attachement)at that time. This lease is just as binding to the Landlord as it is the Tenant who agreed to the lease and it should have included these outlined changes or stipulations. If he/she does not adhere to this lease agreement, as stipulated, he/she is in default.