Legal Question in Real Estate Law in Oklahoma

Re: Tenant rights

You certainly could ask the apartment manager to change the lease. At first blush, it would seem that you were at best misinformed or were at worst unfairly treated. Your best remedy would be negotiation and persuasion. But, if that fails, you may need to know more about what recourse you may have.

As a general rule, the owner of real property has wide discretion in determining how the property is to be used and by whom. This rule applies to the owner of an apartment complex or his agent or manager.

However, there are a number of limitations on this general principal, such as, where the federal or state constitution has banned certain conduct or where an overriding need for governmental regulation has been found by the courts to take precedence over the rights of the individual owner. For example, certain forms of invidious discrimiation are prohibited by an amendment to the U.S. Constitution. Furthermore, the legislature of the State of Oklahoma has adopted the Residential Landlord and Tenant Act, which specifically governs such rentals in this state; and certain municipalities have issued various ordinances affecting the manner in which a residential lease may be entered into or terminated within the applicable city limits. Also, if federal or state funds, grants or loans, or tax incentives were involved in the financing of the construction, operation, or maintenance of the complex, additional limitations may have been imposed as a condition of the benefits received by the owner.

A review of the Oklahoma Residential Landlord and Tenant Act shows that it does not specifically forbid an apartment owner from offering different rental terms to different tenants.

Unless the difference in treatment can be shown to have been motivated by invidious discrimination, based on such forbidden grounds as race, gender, age, disability, etc., you may not have any leverage to speak of.

Your community of residence was not given. It possibly has ordinances that apply to your case.

Nearly all types of legal actions are subject to a statute of limitations, which provides that a party who is harmed by the actions of another has a limited time within which a legal action for redress may be commenced.

Additional information and possibly further research will be needed before a complete answer can be given to your question, based on all of the pertinent facts and circumstances.

If you have reason to believe that you have been the victim of discrimination on any actionable ground, you should promptly contact an attorney and fully inform him or her of all relevant circumstances so that your attorney can determine what, if any, legal remedies are available to you at this time.

END