Legal Question in Landlord & Tenant Law in Oklahoma

Tenant Rights

Around the 15th of June I asked my apartment manager if they could try another method to kill roach's in the complex. Instaed of sending over a professional they sent over the mantaniance man with a can of bug spray. He gave me the can and told me it was easy, safe, and effective then left. I sprayed just like he told me to do. I was almost killed when my oven exploded in my face. My three children were also in the apartment as well. Now they want me to pay for the cost of a new range. It was their responsability to spray in the first place not me. Can I fight this? They are a HUD apartment community.


Asked on 8/03/07, 8:08 pm

1 Answer from Attorneys

Re: Tenant Rights

Yes. Under the landlord/Tenant Act and HUD requirements, the Landlord has a responsibity to make repairs to the premises and to eliminate anything that affects your health and safety or the safety of your children, particularly, if lack of repairs will affect your ability to live in the unit or to normally function on a daily basis. The duty by the Landlord is required in order to remainin compliance with Section 8 or HUD; and it does include eliminating infestations, maintaining untilities and replacing appliances. The Landlord is usually allowed an additional payment for providing stoves, refrigerators, heat, air condition or other units or appliances. It is referred to as a "Utility Allowance."

You are not responsbility unless she/he can prove that the damage you created as Tenant, was intentional or actual negligence.

Based on the information you provided, and assuming that the stove and oven is the Landlords property. It would appear that the Landlord negated their duties and attempted to take the most cost effective way of solving this problem. If so, we suggest that you write a letter to the Landlord outlining the circumstances and list all of the problems that exists within this apartment. The Landlord is usually given at least 10 days to resolve these problems. If not, you should notify HUD and forward a copy of the letter. If the problems are not resolved and you are not able to live in the apartment because of your inability to cook or function on a daily basis, you may have cause to break the lease, which allows you up to 30 days to relocate to a much safer apartment and this may cause the Landlord to lose his/her certification(s).

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Answered on 8/04/07, 12:25 am


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