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ENGROSSED HOUSE
BILL NO. 3095 By: Tedford and Dollens of the
House
and
Rogers of the Senate
An Act relating to landlord and tenant; providing for
preemption; prohibit ing retaliation by a landlord;
providing retaliatory actions; provid es when an act
is not retaliatory; provides remedies for landlord
retaliation; providing remedies for landlord when
tenant makes invalid retaliation complaint; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 137 of Title 41, unless there is
created a duplication in numbering, reads as follows:
The regulation of resid ential tenancies, the landlord-tenant
relationship, and all other matters covered under this title are
preempted to the state. This title supersedes any local government
regulations on matters covered under Title 41 of the Oklahoma
Statutes, including, but not limited to, the screening process used
by a landlord in approving tenancies; security deposits; rental
agreement applications and fees associated with such applications;
terms and conditions of rental agreements; the rights and
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responsibilities of the landlord and tenant; disclosures concerning
the premises; the dwelling unit; the rental agreement; or the rights
and responsibilities of the landlord and tenant; fees charged by the
landlord; or notice requirement.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 139 of Title 41, unless there is
created a duplication in numbering, reads as follows:
A. A landlord may not retaliate against a tenant by taking an
action described by subsection B of this section because the tenant:
1. In good faith exercises or attempts to exercise against a
landlord a right or remedy granted to the tenant by lease,
ordinance, or federal or state statute;
2. Gives a landlord a notice to repair or e xercise a remedy
under Title 41 of the Oklahoma Statutes; or
3. Complains to a governmental entity responsible for enforcing
building or housing codes, a public utility, or a civic or non profit
agency, and the tenant:
a. claims a building or housing code violation or utility
problem,
b. believes in good faith that the complaint is valid and
that the violation or problem occurred, and
c. has notified the landlord who has not remedied the
code violation in a reasonable time.
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B. A landlord may not, within si xty (60) days after the date of
the tenant's action under subsection A of this section, retaliate
against the tenant by:
1. Filing an eviction proceeding, except for legitimate reasons
authorized by law;
2. Depriving the tenant of the use of the premises , except for
reasons authorized by law;
3. Increasing the tenant's rent or terminating the tenant's
lease; or
4. Engaging, in bad faith, in a course of conduct that
materially interferes with the tenant's rights under the tenant's
lease.
C. The landlord is not liable for retaliation under this
section if the action was not made for purposes of retaliation, nor
is the landlord liable, unless the action violates a prior court
order for:
1. Increasing rent under an escalation clause in a written
lease; or
2. Increasing rent or reducing services a s part of a pattern of
rent increases or service reductions.
D. An eviction or lease termination based on the following
circumstances, which are valid grounds for eviction or lease
termination in any event, does n ot constitute retaliation:
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1. The tenant is delinquent in rent when the landlord gives
notice to vacate or files an eviction action;
2. The tenant, a member of the tenant's family, the tenant's
animal or pet, or another persons animal or pet on the premi ses with
the tenant's consent intentionall y damages property on the premises
or by word or conduct threatens the personal safety of the landlord,
the landlord's employees, agents, or another tenant;
3. The tenant has breached the lease, other than by hold ing
over, except as provided by this secti on;
4. The tenant holds over after giving notice of termination or
intent to vacate;
5. The tenant holds over after the landlord gives notice of
termination effective at the end of the rental term;
6. The tenant holds over and the landlord's notice of
termination is motivated by a good faith belief that the tenant or a
member of the tenant's family, the tenant's animal or pet, or
another persons animal or pet on the premises with the tenant's
consent might:
a. adversely affect the quiet enjoyment by othe r tenants
or neighbors,
b. materially affect the health or safety of the
landlord, other tenants, or neighbors, or
c. damage the property of the landlord, other tenants, or
neighbors; or
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7. Any other reason author ized by the Oklahoma Residential
Landlord and Tenant Act or the lease agreement.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140 of Title 41, unless there is
created a duplication in nu mbering, reads as follows:
In addition to other remedies provided by law, if a landlord
retaliates against a tenant under this act, the tenant may recover
from the landlord a civil penalty of one (1) month's rent plus Five
Hundred Dollars ($500.00), actual damages, court costs, and actual
and reasonable attorney fees, less any delinquent rents or other
sums for which the tenant is liable to the landlord. If the
tenant's rent payment to the landlord is subsidized in whole or in
part by a governmental entity , the civil penalty granted under this
section shall reflect the fair market rent of the dwelling plus Five
Hundred Dollars ($500.00).
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 141 of Title 41, unless there is
created a duplication in numbering, reads as follows:
A. If a tenant files or prosecutes a suit for retaliatory
action based on a complaint asserted under Section 2 of this act and
the government building or housing inspector or utility company
representative visits the premises and determines that a violation
of a building or housing code does not exist or that a utility
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problem does not exist, there is a rebuttable presumption that the
tenant acted in bad faith.
B. If a tenant files or prosecutes a suit under this act in bad
faith, the landlord may recover possession of the dwelling unit and
may recover from the tenant a civil penalty of one (1) month's rent
plus Five Hundred Dollars ($500.00), court costs, and actual and
reasonable attorney fees. If the tenant's rent payment to the
landlord is subsidized in whole or in part by a governmental entity,
the civil penalty granted under this section shall reflect the fair
market rent of the dwelling plus Five Hundred Dollars ($500.00).
SECTION 5. This act shall become effective November 1, 2024.
Passed the House of Representatives the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate