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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2277 By: Echols
AS INTRODUCED
An Act relating to landlord and tenant; amending 12
O.S. 2021, Sections 1148.4 and 1764; which relates to
forcible entry and detainer actions; changing summons
timing requirements for forcible entry and detainer
actions; changing timing requirements for
constructive service of summons for forcible entry
and detainer actions; providing exception to forcible
entry and detainer filing fees; amending 41 O.S.
Sections 121 as amended by Section 1, Chapter 230,
O.S.L. 2022 (41 O.S. Supp . 2022, Section 121) and
131, which relate to landlord and tenant; providing
that notice to a landlord concerning habitability may
also be by text message or email; changing timing for
notice to quit for delinquent rent; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1148.4, is
amended to read as fol lows:
Section 1148.4 The summons shall be issued and returned as in
other cases, except that it shall command the sheriff, or other
person serving it, to summon the defendant to appear for trial at
the time and place specified therein, which time shall be not less
than five (5) ten (10) days nor more than ten (10) twenty (20) days
from the date that the summons is issued. The summons shall apprise
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the defendant of the nature of the claim that is being asserted
against him or her; and there shall be endors ed upon the summons the
relief sought and the amount for which the plaintiff will take
judgment if the defendant fails to appear. In all cases, pleadings
may be amended to conform to t he evidence.
SECTION 2. AMENDATORY 12 O.S. 20 21, Section 1764, is
amended to read as follows:
Section 1764. A fee of Forty-five Dollars ($45.00) shall be
charged and collected for the filing of the affidavit for the
commencement of any action , except forcible entry and detainer
actions, for an amount of Five Thousand Dollars ($5,000.00) or less .
Any action in excess of Five Thousand Doll ars ($5,000.00), and all
forcible entry and detainer actions, shall be subject to the filing
fees provided in Title 28 of the Oklahoma Statutes for the same kind
of action as filed in district court. For the filing of any
counterclaim or setoff, fees shal l be charged and collected pursuant
to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as
otherwise provided in Section 1772 of this title, no other fee or
charge shall be collected by any officer for any service rendered
pursuant to the provis ions of the Small Claims Procedure Act, or for
the taking of affidavits for use in connection with any action tried
pursuant to the provisions of the Small Claims Pr ocedure Act. If
the affidavit and order are served by the sheriff or a licensed
private process server, the court clerk shall collect th e usual fee
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for the sheriff, which shall be taxed as costs in the case. The fee
paid to a licensed private process ser ver, as approved by the court,
shall be taxed as additional costs in the case. After judgm ent, the
court clerk shall issue such process and shall be entitled to
collect only such fees and charges as are allowed by law for like
services in other actions. All fees collected as authorized by this
section and Section 1772 of this title shall be de posited with other
fees that are collected by the district court. Any statute
providing for an award of attorney fees shall be applicable to the
small claims division if the attorney makes an appearance in the
case, whether before or after judgment or on hearing for disclosure
of assets.
SECTION 3. AMENDATORY 41 O.S. 2021, Section 121, as
amended by Section 1, Chapter 230, O.S.L. 2022 (41 O. S. Supp. 2022,
Section 121), is amended to read as follows:
Section 121. A. Except as otherwise provided in this act, if
there is a material noncompli ance by the landlord with the terms of
the rental agreement or a noncompliance w ith any of the provi sions
of Section 118 of this title which noncompliance materially affects
health or safety, the tenant may deliver to the landlord a written
notice, which may include a text message or email to the landlord,
specifying the acts and omissions constituting the breach and that
the rental agreement will terminat e 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, and thereafter the rental agreeme nt shall
so terminate as provided in the notice unless the landlord
adequately remedies the b reach within the time specified.
B. Except as otherwise provided in this 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 118 of this
title which noncompliance materially affects health and the breach
is remediable by repairs, the reasonable cost of which is equal to
or less than one month's rent, the tenant may notify the landlord in
writing of his or her intention to correct the condition at the
landlord's expense after the expiration of fourtee n (14) days. If
the landlord fails to co mply within said fourteen (14) days, or as
promptly as conditions require in the case of an emergency, the
tenant may thereafter cause the work to be done in a workmanlike
manner and, after submitting to the landlor d an itemized statement,
deduct from his or her rent 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.
C. Except as otherwise provided in t his act, if, contrary to
the rental agreement or Section 118 of this title, the landlord
willfully or neglige ntly fails to supply heat, running water, hot
water, electric, gas or other essential s ervice, the tenant may give
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written notice to the landlor d specifying the breach and thereafter
may:
1. Upon written notice, immediately terminate the rental
agreement; or
2. Procure reasonable amounts of heat, hot water, running
water, electric, gas or other essential service during the period of
the landlord's noncompliance and deduct their actual and reasonable
cost from the rent; or
3. Recover damages based upon the diminution of the fair rental
value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing
during the period of the landlord's noncompliance, in which ca se the
tenant is excused from paying rent for the period of the landlord's
noncompliance.
D. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agr eement
or Section 118 of this 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
tenant may immediately term inate 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 a rise
until he or she has given written notice to the landlord or if the
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condition complained of was caused by the deliberate or negligent
act or omission of the tenant, a member of his or her family, his or
her animal or pet or other person or animal on th e premises with his
or her consent.
SECTION 4. AMENDATORY 41 O.S. 2021, Section 131, is
amended to read as follows:
Section 131. A. If rent is unpaid when due, th e landlord may
bring an action for recovery of the rent at any time thereafter or
the landlord may wait until the expiration of the period allowed for
curing a default by the tenant, as prescrib ed in subsection B of
this section, before bringing such actio n.
B. A landlord may terminate a rental agreement for failure to
pay rent when due, if the tenan t fails to pay the rent within five
(5) ten (10)days after written notice of landlord 's demand for
payment. The notice may be given before or after the landlo rd files
any action authorized by subsection A of this section. Demand for
past-due rent is deemed a demand for possession of the premises and
no further notice to quit possession need be given by the landlord
to the tenant for any purpose.
SECTION 5. This act shall become effective November 1, 2023.
59-1-6078 JL 01/18/23