Legal Question in Real Estate Law in Oklahoma

Who is responsible for spider infestation Landlord or Tenant?

Who is responsible for a spider (brown recluse poisonous spider) infestation? The landlord or the tenant? We have found over 40 spiders in the bedrooms of my room and my childrens. We have told them about it several times and they say to bug bomb, but I do not want to do that because of the children. They agreed, but no other solution. I finally asked who's responsible and they said I was. They also the stated when they lived there they had to spray 4 times a year. If I had known that I would have never rented the house. It cost any where from $150 one time to over $300 a year to have a contract. The Title 41 of OK says something about keeping the house habitable. Does this apply? We paid for spraying and then asked in writing for the money to be refunded & to be released from our lease. They did not respond to the letter. We have then since sent them a letter that gave them a 30 day notice because o fthe spiders and to be let out of our lease. They send a letter from their attorney stating that we can leave, but not w/o impunity because we applied for a mortgage in July. This was to see what we qualified for and because of the spiders. We did not decide to try & buy a house until after they said it was our problem. Please help!


Asked on 10/07/02, 10:03 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Who is responsible for spider infestation Landlord or Tenant?

Thank you for your question. I agree with you that the Oklahoma Residential Landlord Tenant Act (Title 41) requires the landlord to provide you with a habitable dwelling. However, it also allows the landlord to shift certain responsibilites including maintenance, upkeep, sanitary conditions to the tenant. This would be contained in your written rental agreement if he has done so. If there is no written lease then the Act applies and a tenant might be allowed to offset the costs of rendering a dwelling unit habitable if he has complied with the notice requirements of the Act. Concerning the balance of your letter, I cannot respond as I do not know what has transpired between you and the landlord concerning your purchasing the home. As I have not had an opportunity to read your lease, any other writings or interview you, my comments are to taken as a general statement of law and if you wish more personal and thorough advice, please consult an attorney.

Read more
Answered on 10/08/02, 11:22 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Oklahoma