Oklahoma 2025 Regular Session

Oklahoma House Bill HB1908 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1908 By: Alonso-Sandoval
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38	38	AS INTRODUCED
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40	40	An Act relating to landlord and tenant; amending 41
41	41	O.S. 2021, Section 121, as amended by Section 1,
42	42	Chapter 230, O.S.L. 2022 (4 1 O.S. Supp. 2024, Section
43	43	121), which relates to landlord 's breach of rental
44	44	agreement; providing that written notice from a
45	45	tenant to a landlord may include a text message or
46	46	email notification; and providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 41 O.S. 2021, Section 121, as
54	54	amended by Section 1, Chapter 230, O.S.L. 2022 (41 O.S. Supp. 2024,
55	55	Section 121), is amended to read as follows:
56	56	Section 121. A. Except as otherwise provided in this act, if
57	57	there is a material noncompliance by the landlord with the terms of
58	58	the rental agreement or a noncompliance with any of the provisions
59	59	of Section 118 of this title which noncompliance materially affects
60	60	health or safety, the tenant may deliver to the landlord a written
61	61	notice, which may include a text message or email to the landlord,
62	62	specifying the acts and omissions constituting the breach and that
63	63	the rental agreement will terminate upon a date not less than thirty
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90	90	(30) days after receipt of the notice if the breach is not remedied
91	91	within fourteen (14) days, and thereafter the rental agreement shall
92	92	so terminate as provided in the notice unless the landlord
93	93	adequately remedies the breach within the time specified.
94	94	B. Except as otherwise provided in this act, if there is a
95	95	material noncomplianc e by the landlord with any of the terms of the
96	96	rental agreement or any of the provisions of Section 118 of this
97	97	title which noncompliance materially affects health and the breach
98	98	is remediable by repairs, the reasonable cost of which is equal to
99	99	or less than one month 's rent, the tenant may notify the landlord in
100	100	writing of his or her intention to correct the condition at the
101	101	landlord's expense after the expiration of fourteen (14 ) days. If
102	102	the landlord fails to comply within said fourteen (14) days, or as
103	103	promptly as conditions require in the case of an emergency, the
104	104	tenant may thereafter cause the work to be done in a workmanlike
105	105	manner and, after submitting to the landlord an itemized statement,
106	106	deduct from his or her rent the actual and reasonable cost or the
107	107	fair and reasonable value of the work, not exceeding the amount
108	108	specified in this subsection, in which event the rental agreement
109	109	shall not terminate by reason of that br each.
110	110	C. Except as otherwise provided in this act, if, contrary to
111	111	the rental agreement or Section 118 of this title, the landlord
112	112	willfully or negligently fails to supply heat, running water, hot
113	113	water, electric, gas or other essential service, the tenan t may give
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140	140	written notice to the landlord specifying the breach and thereafter
141	141	may:
142	142	1. Upon written notice, immediately terminate the rental
143	143	agreement; or
144	144	2. Procure reasonable amounts of heat, hot water, running
145	145	water, electric, gas or other essential s ervice during the period of
146	146	the landlord's noncompliance and deduct their actu al and reasonable
147	147	cost from the rent; or
148	148	3. Recover damages based upon the diminution of the fair rental
149	149	value of the dwelling unit; or
150	150	4. Upon written notice, procure reasonab le substitute housing
151	151	during the period of the landlord 's noncompliance, in which case the
152	152	tenant is excused from paying rent for the period of the landlord 's
153	153	noncompliance.
154	154	D. Except as otherwise provided in this act, if there is a
155	155	noncompliance by the l andlord with the terms of the rental agreement
156	156	or Section 118 of this title, w hich noncompliance renders the
157	157	dwelling unit uninhabitable or poses an imminent threat to the
158	158	health and safety of any occupant of the dwelling unit and which
159	159	noncompliance is not remedied as promptly as conditions require, the
160	160	tenant may immediately terminate the rental agreement upon written
161	161	notice to the landlord which notice specifies the noncompliance.
162	162	E. All rights of the tenant under this section do not arise
163	163	until he or she has given written notice to the landlord or if the
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190	190	condition complained of was caused by the deliberate or negligent
191	191	act or omission of the tenant, a member of his or her family, his or
192	192	her animal or pet or other person or animal on the premises with hi s
193	193	or her consent.
194	194	SECTION 2. This act shall become effective November 1, 2025.
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196	196	60-1-11171 JL 01/06/25