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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2015 By: Pae
AS INTRODUCED
An Act relating to landlord and tenant; prohibiting
landlords from retaliating against tenants in certain
circumstances; defining forms of r etaliation;
providing that a landlord may increase rent or
decrease services under certain circumstances;
providing remedy procedures for tenants; providing
examples of nonretaliatory actions; providing that a
landlord shall retain the right to recovery if done
in good faith; providing when raising rent shall not
be considered retaliatory; amending 41 O.S. 2021,
Section 121, as amended by Section 1, Chapter 230,
O.S.L. 2022 (41 O.S. Supp. 202 4, Section 121), which
relates to landlord's breach of a rental ag reement;
providing a tenant may bring an action to enforce an
obligation of a landlord; providing guidelines on
when a tenant can bring an action to enforce an
obligation of a landlord; providing types of relief;
providing when a landlord 's liability for damages
begins; defining terms; prohibiting an action for
possession based on n onpayment of rent in certain
circumstances; providing that tenants in certain
circumstances can recover reasonable attorney fees;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE 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 numbe ring, reads as follows:
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A. 1. Except as provided in this section or as other wise
provided by law, a landlord renting more than ten dwelling units in
the State of Oklahoma may not retaliate against a tenant by
increasing rent, decreasing services, by brin ging or threatening to
bring an action for possession, or by causing a termination of the
rental agreement after the landlord has knowledge that:
a. the tenant, in good faith, has made a complaint to a
governmental agency charged with the enforcement of
building or housing code violations related to health
or safety,
b. the tenant, in good faith, has made a complaint to or
filed an action against the landlord for a violation
of any provision of Title 41 of the Oklahoma Statutes,
c. the tenant, in good faith , has given the landlord a
notice to repair or exercise a remedy under Title 41
of the Oklahoma Statutes,
d. the tenant, in good faith, has organized or become a
member of a tenants' organization, or
e. the tenant, in good faith, has testified in a court
proceeding against the landlord.
2. However, the provisions of this section sh all not be
construed to prevent the landlord from increasing rent nor from
decreasing services in a manner that applies equally to all tenants.
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B. If a landlord acts in violatio n of this section, the tenant
is entitled to the applicable remedies provided for in Title 41 of
the Oklahoma Statutes, including recovery of actual damages plus
reasonable attorney fees, and may assert such retaliation as a
defense in any action against the landlord for possession.
C. Actions by a landlord shall not be considered retaliatory
if:
1. The tenant is in arrears with regard to his or her rental
agreement;
2. The tenant creates conditions within the unit which are
unsafe or destructive; or
3. An unforeseen action causes the landlord to comply with a
code which would deprive the tenant of the right to continue using
the unit.
D. The landlord shall retain the right to recovery of the
premises if that recovery was done in good faith, which actio ns
shall include:
1. The tenant using the unit for an illegal or illicit purp ose
or otherwise creating a nuisance on the property;
2. The landlord recovering possession of the unit from the
tenant in order to use the unit as a primary residence for eithe r
the landlord or the landlord 's immediate family;
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3. The landlord recovering possession of the unit for the
purposes of substantially altering, remodeling, or demolishing the
unit; or
4. When the unit is sold and the purchaser intends to use it as
a primary residence for either the landlord or a member of the
landlord's immediate family.
E. Increases in rent shall not be considered retaliation if:
1. Compliance with a health department or other agency
directive creates a financial burden on the landlor d;
2. Rent is increased to mitigate the burden of a substantial
increase in property taxes ;
3. Substantial improvements to the unit that effects a tax
depreciation on the landlord 's federal tax bill; or
4. Rent is increased, upon renewal of the lease, in the
standard course of business.
SECTION 2. 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, th e tenant may deliver to the landlord a written
notice specifying the acts and omissions constituting the breach and
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that the rental agreement will terminate upon a date not less than
thirty (30) days after receipt of the notice if action to correct
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 tenant may terminate or bring an action in court to
enforce an obligation of the landlord .
1. A tenant may not bring an action u nder this title unless the
following conditions are met:
a. the tenant gives the landlord written notice of the
landlord's noncompliance with a provision of this
title,
b. the landlord has been given a reasonable amount of
time, not to exceed fourteen (14) days, to make
repairs or provide a remedy of the condition described
in the tenant's notice. The tenant may not prevent
the landlord from having access to the rental premises
to meaningfully begin to make repairs or to
meaningfully begin to provide a remedy to the
condition described in the tenant 's notice, and
c. the landlord fails or refuses to repair or remedy the
condition described in the tenant's notice.
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2. If the tenant is the prevailing party in an action under
this section, the tenant may obtain any of the following, if
appropriate under the circumstances:
a. actual damages and consequential damages,
b. attorney fees and court costs,
c. injunctive relief, and
d. any other remedy appropriate under the circumstances.
3. The landlord's liability for damages begins when:
a. the landlord has notice or actual knowledge of
noncompliance, and
b. the landlord has:
(1) refused to remedy the noncompliance, or
(2) failed to meaningfully begin to remedy the
noncompliance within a reasonable amount of time,
not to exceed fourteen (14) days, following the
notice or actual knowledge.
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 1 18 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
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the landlord fails to meaningfully begin to comply within said
fourteen (14) days, or as promptly as conditions require in the case
of an emergency, the tenant may the reafter 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 breach.
An emergency shall be defined as one of the following:
1. Lack of access to running water, gas, or electric which was
the result of the landlord for more than twelve (12) hours;
2. A sustained inside temperature lower than fifty-five (55)
degrees Fahrenheit or higher than eighty-five (85) degrees
Fahrenheit for a period of twelve (12) hours with no less than one
living space must have heat and air conditioning while repairs are
being made;
3. Inability to reasonably secure the home or premises with the
use of a manual locking mechanism for more than eight (8) hours,
however, temporary sheathing may be used for securing broken
windows;
4. Detection of CO2 or a gas smell that is not remedied within
one (1) hour after notification by either gas company or landlord
temporarily shutting off service ;
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5. Inability to use at le ast one toilet and lavatory for a
period of more than eight (8) hours, or unsafe electrical
connections, and sewer backup for more than eight (8) hours.
C. No action for possession on behalf of the landlord based on
nonpayment of rent shall be maintained regarding the premises leased
or rented for purposes other than for vacation o r recreation, if the
tenant is properly exercising a remedy under subsection B o r C of
this section.
C. D. 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 tenant may give
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 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 landlord's noncompliance, at the
discretion of the court, including reasonable attorney fees ; or
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4. Upon written notice, pro cure reasonable 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. E. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agreement
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 terminate the rental agreement upon written
notice to the landlord which notice specifies the noncompliance.
E. F. 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
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 t he premises with his
or her consent.
SECTION 3. This act shall become effective November 1, 2025.
60-1-11667 JL 01/08/25