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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1672 By: Brooks
AS INTRODUCED
An Act relating to the Residential Landlord a nd
Tenant Act; amending 41 O.S. 2021, Sec tion 121, which
relates to deductions from rent fo r repairs;
increasing reimbursable amount for repairs under
certain circumstances; authorizing deductions from
rental payments; updating stat utory references;
making language gender neutral; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 41 O.S. 2021, Section 121, is
amended to read as follows:
Section 121. A. Except as otherwise provided in this act the
Residential Landlord and Tenant Act , if there is a material
noncompliance by the landlord with the terms of the rental agreement
or a noncompliance with any of the provisions of Section 18 118 of
this act title which noncompliance mat erially affects health or
safety, the tenant may deliver to the lan dlord a written notice
specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than thirty
(30) days after receipt of the notice if the breach is not remedied
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within fourteen (14) days, an d thereafter the rental agreement s hall
so terminate as provided in the notice unless the landlord
adequately remedies the breach within the time specified.
B. Except as otherwise provided in this act the Residential
Landlord and Tenant Act , if there is a material noncompliance by the
landlord with any of the terms of the rental agreement or any of the
provisions of Section 18 118 of this act title which noncompliance
materially affects health and the breach is rem ediable by repairs,
the reasonable cost of which is less than One Hundred Dollars
($100.00) does not exceed Two Thousand Dollars ($2,000.00) , the
tenant may notify the landlord in writing of his the tenant’s
intention to correct the condition at the landlo rd’s expense after
the expiration of fourt een (14) days. If the landlord fails to
comply within said fourteen (14) days, or as promptly as conditions
require in the case of an emergency, t he tenant may thereafter cause
the work to be done in a workmanlike manner and, after submitting to
the landlord an itemized statement, deduct from his or her rent in
an amount not to exceed fifty pe rcent (50%) of the rental payment,
the actual and reasonable cost or the fair and reasonable value of
the work, not exceeding the amount specified in this subsection, in
which event the rental agreement shall not terminate by reason of
that breach. If the actual and reasonable cost of the repair
exceeds fifty percent (50%) of the rental payment, the tenant may
deduct an additional amount in a subsequent rental payment or
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payments, not to exceed fifty percent ( 50%) of each payment, until
the cost of the repair is fully reimbursed.
C. Except as otherwise provided in this act the Residential
Landlord and Tenant Act , if, contrary to the rental agreement or
Section 18 118 of this act title, the landlord willfull y or
negligently fails to supply heat, running water, hot water,
electric, gas or other essential service, the tenant may give
written notice to the landlord specifying the b reach and thereafter
may:
1. Upon written notice, immediately terminate the renta l
agreement; or
2. Procure reasonable amounts of heat, hot water, running
water, electric, gas or other essential service during t he period of
the landlord’s noncompliance and deduct their actual and reasonable
cost from the rent; or
3. Recover damages b ased upon the diminution of the fair rental
value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute h ousing
during the period of the landlord ’s noncompliance, in which case the
tenant is excused from paying rent for the period of the landlord’s
noncompliance.
D. Except as otherwise provided in this act the Residential
Landlord and Tenant Act, if there is a noncompliance by the landlord
with the terms of the rental agreement or Section 18 118 of this act
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title, which noncompliance renders the dwelling unit uninhabitable
or poses an imminent threat to the health and safety of any occupant
of the dwelling unit and which noncompliance is not remedied as
promptly as conditions require, the t enant may immediately terminate
the rental agreement upon written notice to the landlord which
notice specifies the noncompliance.
E. All rights of the tenant under this section do not arise
until he the tenant has given written notice to the landlord or if
the condition complained of was caused by the deliberate or
negligent act or omission of the tenant, a member of his the family
of the tenant, his the tenant’s animal or pet or other person or
animal on the premis es with his consent of the tenant.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2480 TEK 1/20/2022 5:06:03 PM