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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2277 By: Echols
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38	38	AS INTRODUCED
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40	40	An Act relating to landlord and tenant; amending 12
41	41	O.S. 2021, Sections 1148.4 and 1764; which relates to
42	42	forcible entry and detainer actions; changing summons
43	43	timing requirements for forcible entry and detainer
44	44	actions; changing timing requirements for
45	45	constructive service of summons for forcible entry
46	46	and detainer actions; providing exception to forcible
47	47	entry and detainer filing fees; amending 41 O.S.
48	48	Sections 121 as amended by Section 1, Chapter 230,
49	49	O.S.L. 2022 (41 O.S. Supp . 2022, Section 121) and
50	50	131, which relate to landlord and tenant; providing
51	51	that notice to a landlord concerning habitability may
52	52	also be by text message or email; changing timing for
53	53	notice to quit for delinquent rent; and providing an
54	54	effective date.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. AMENDATORY 12 O.S. 2021, Section 1148.4, is
60	60	amended to read as fol lows:
61	61	Section 1148.4 The summons shall be issued and returned as in
62	62	other cases, except that it shall command the sheriff, or other
63	63	person serving it, to summon the defendant to appear for trial at
64	64	the time and place specified therein, which time shall be not less
65	65	than five (5) ten (10) days nor more than ten (10) twenty (20) days
66	66	from the date that the summons is issued. The summons shall apprise
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93	93	the defendant of the nature of the claim that is being asserted
94	94	against him or her; and there shall be endors ed upon the summons the
95	95	relief sought and the amount for which the plaintiff will take
96	96	judgment if the defendant fails to appear. In all cases, pleadings
97	97	may be amended to conform to t he evidence.
98	98	SECTION 2. AMENDATORY 12 O.S. 20 21, Section 1764, is
99	99	amended to read as follows:
100	100	Section 1764. A fee of Forty-five Dollars ($45.00) shall be
101	101	charged and collected for the filing of the affidavit for the
102	102	commencement of any action , except forcible entry and detainer
103	103	actions, for an amount of Five Thousand Dollars ($5,000.00) or less .
104	104	Any action in excess of Five Thousand Doll ars ($5,000.00), and all
105	105	forcible entry and detainer actions, shall be subject to the filing
106	106	fees provided in Title 28 of the Oklahoma Statutes for the same kind
107	107	of action as filed in district court. For the filing of any
108	108	counterclaim or setoff, fees shal l be charged and collected pursuant
109	109	to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as
110	110	otherwise provided in Section 1772 of this title, no other fee or
111	111	charge shall be collected by any officer for any service rendered
112	112	pursuant to the provis ions of the Small Claims Procedure Act, or for
113	113	the taking of affidavits for use in connection with any action tried
114	114	pursuant to the provisions of the Small Claims Pr ocedure Act. If
115	115	the affidavit and order are served by the sheriff or a licensed
116	116	private process server, the court clerk shall collect th e usual fee
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143	143	for the sheriff, which shall be taxed as costs in the case. The fee
144	144	paid to a licensed private process ser ver, as approved by the court,
145	145	shall be taxed as additional costs in the case. After judgm ent, the
146	146	court clerk shall issue such process and shall be entitled to
147	147	collect only such fees and charges as are allowed by law for like
148	148	services in other actions. All fees collected as authorized by this
149	149	section and Section 1772 of this title shall be de posited with other
150	150	fees that are collected by the district court. Any statute
151	151	providing for an award of attorney fees shall be applicable to the
152	152	small claims division if the attorney makes an appearance in the
153	153	case, whether before or after judgment or on hearing for disclosure
154	154	of assets.
155	155	SECTION 3. AMENDATORY 41 O.S. 2021, Section 121, as
156	156	amended by Section 1, Chapter 230, O.S.L. 2022 (41 O. S. Supp. 2022,
157	157	Section 121), is amended to read as follows:
158	158	Section 121. A. Except as otherwise provided in this act, if
159	159	there is a material noncompli ance by the landlord with the terms of
160	160	the rental agreement or a noncompliance w ith any of the provi sions
161	161	of Section 118 of this title which noncompliance materially affects
162	162	health or safety, the tenant may deliver to the landlord a written
163	163	notice, which may include a text message or email to the landlord,
164	164	specifying the acts and omissions constituting the breach and that
165	165	the rental agreement will terminat e upon a date not less than thirty
166	166	(30) days after receipt of the notice if the breach is not remedied
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193	193	within fourteen (14) days, and thereafter the rental agreeme nt shall
194	194	so terminate as provided in the notice unless the landlord
195	195	adequately remedies the b reach within the time specified.
196	196	B. Except as otherwise provided in this act, if there is a
197	197	material noncompliance by the landlord with any of the terms of the
198	198	rental agreement or any of the provisions of Section 118 of this
199	199	title which noncompliance materially affects health and the breach
200	200	is remediable by repairs, the reasonable cost of which is equal to
201	201	or less than one month's rent, the tenant may notify the landlord in
202	202	writing of his or her intention to correct the condition at the
203	203	landlord's expense after the expiration of fourtee n (14) days. If
204	204	the landlord fails to co mply within said fourteen (14) days, or as
205	205	promptly as conditions require in the case of an emergency, the
206	206	tenant may thereafter cause the work to be done in a workmanlike
207	207	manner and, after submitting to the landlor d an itemized statement,
208	208	deduct from his or her rent the actual and reasonable cost or the
209	209	fair and reasonable value of the work, not exceeding the amount
210	210	specified in this subsection, in which event the rental agreement
211	211	shall not terminate by reason of that breach.
212	212	C. Except as otherwise provided in t his act, if, contrary to
213	213	the rental agreement or Section 118 of this title, the landlord
214	214	willfully or neglige ntly fails to supply heat, running water, hot
215	215	water, electric, gas or other essential s ervice, the tenant may give
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242	242	written notice to the landlor d specifying the breach and thereafter
243	243	may:
244	244	1. Upon written notice, immediately terminate the rental
245	245	agreement; or
246	246	2. Procure reasonable amounts of heat, hot water, running
247	247	water, electric, gas or other essential service during the period of
248	248	the landlord's noncompliance and deduct their actual and reasonable
249	249	cost from the rent; or
250	250	3. Recover damages based upon the diminution of the fair rental
251	251	value of the dwelling unit; or
252	252	4. Upon written notice, procure reasonable substitute housing
253	253	during the period of the landlord's noncompliance, in which ca se the
254	254	tenant is excused from paying rent for the period of the landlord's
255	255	noncompliance.
256	256	D. Except as otherwise provided in this act, if there is a
257	257	noncompliance by the landlord with the terms of the rental agr eement
258	258	or Section 118 of this title, which noncompliance renders the
259	259	dwelling unit uninhabitable or poses an imminent threat to the
260	260	health and safety of any occupant of the dwelling unit and which
261	261	noncompliance is not remedied as promptly as conditions require, the
262	262	tenant may immediately term inate the rental agreement upon written
263	263	notice to the landlord which notice specifies the noncompliance.
264	264	E. All rights of the tenant under this section do not a rise
265	265	until he or she has given written notice to the landlord or if the
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292	292	condition complained of was caused by the deliberate or negligent
293	293	act or omission of the tenant, a member of his or her family, his or
294	294	her animal or pet or other person or animal on th e premises with his
295	295	or her consent.
296	296	SECTION 4. AMENDATORY 41 O.S. 2021, Section 131, is
297	297	amended to read as follows:
298	298	Section 131. A. If rent is unpaid when due, th e landlord may
299	299	bring an action for recovery of the rent at any time thereafter or
300	300	the landlord may wait until the expiration of the period allowed for
301	301	curing a default by the tenant, as prescrib ed in subsection B of
302	302	this section, before bringing such actio n.
303	303	B. A landlord may terminate a rental agreement for failure to
304	304	pay rent when due, if the tenan t fails to pay the rent within five
305	305	(5) ten (10)days after written notice of landlord 's demand for
306	306	payment. The notice may be given before or after the landlo rd files
307	307	any action authorized by subsection A of this section. Demand for
308	308	past-due rent is deemed a demand for possession of the premises and
309	309	no further notice to quit possession need be given by the landlord
310	310	to the tenant for any purpose.
311	311	SECTION 5. This act shall become effective November 1, 2023.
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313	313	59-1-6078 JL 01/18/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2277 Compare Versions