Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1908 Introduced / Bill

Filed 01/16/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1908 	By: Alonso-Sandoval 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to landlord and tenant; amending 41 
O.S. 2021, Section 121, as amended by Section 1, 
Chapter 230, O.S.L. 2022 (4 1 O.S. Supp. 2024, Section 
121), which relates to landlord 's breach of rental 
agreement; providing that written notice from a 
tenant to a landlord may include a text message or 
email notification; 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, as 
amended by Section 1, Chapter 230, O.S.L. 2022 (41 O.S. Supp. 2024, 
Section 121), is amended to read as follows: 
Section 121. A.  Except as otherwise provided in this 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 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 terminate upon a date not less than thirty   
 
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(30) days after receipt of the notice if the breach is not remedied 
within fourteen (14) days, and thereafter the rental agreement shall 
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, if there is a 
material noncomplianc e 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 fourteen (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, the 
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 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 br each. 
C.  Except as otherwise provided in this act, if, contrary to 
the rental agreement or Section 118 of this title, the landlord 
willfully or negligently fails to supply heat, running water, hot 
water, electric, gas or other essential service, the tenan t may give   
 
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written notice to the landlord 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 s ervice during the period of 
the landlord's noncompliance and deduct their actu al 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 reasonab le substitute housing 
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, if there is a 
noncompliance by the l andlord with the terms of the rental agreement 
or Section 118 of this title, w hich 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 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 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 the premises with hi s 
or her consent. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-11171 JL 01/06/25