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Oklahoma Landlord And Tenant Legal Questions

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27 legal questions have been posted about landlord and tenant law by real users in Oklahoma. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Oklahoma Landlord And Tenant Questions & Legal Answers
Do you have any Oklahoma Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 27 previously answered Oklahoma Landlord And Tenant questions.
Landlord and Tenant Law
Oklahoma

Recent Legal Answers

Is it legal for someone to hold your personal property if they claim you owe them money?

Answered 6 years and 2 months ago by attorney Brian Russell Huddleston   |   1 Answer
It sounds like she is more or less claiming a possessory landlord's lien on the personal property. You could sue her for replevin in Small Claims Court and let the judge sort out who owes what and what to do with the personal property.
It sounds like she is more or less claiming a possessory landlord's lien on the personal property. You could sue her for replevin in Small Claims... Read More

I paid rent but office staff stole it.

Answered 6 years and 2 months ago by attorney Brian Russell Huddleston   |   1 Answer
No, but you are responsible to prove you actually paid your rent and that it was lost or stolen by the office staff. How will you be able to prove you paid your rent at the Smail Claims Court eviction hearing? If you paid by cash or money order, do you have a receipt for payment? It is always best to pay by personal check or electronically. You must show up for the eviction hearing or you will be evicted for sure. Good luck.... Read More
No, but you are responsible to prove you actually paid your rent and that it was lost or stolen by the office staff. How will you be able to prove... Read More

How old do you have to be to set up electric and water services in your name?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
Old enough to.legally enter into a contract. That is 18 in OK unless emancipated at a younger age. Also need to be credit worthy or able to place a security deposit in an amount decided by the utility.
Old enough to.legally enter into a contract. That is 18 in OK unless emancipated at a younger age. Also need to be credit worthy or able to place a... Read More

What is a writ of execution?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
If you are not out by 6, they can put you out and secure their premises.
If you are not out by 6, they can put you out and secure their premises.

If she won't sign for the letter when it arrives, is it okay if I or anyone else in the household signs it?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
Forget certified mail. All she has to do is avoid service via mail. Not tough to do. Hire a process server and have her served.
Forget certified mail. All she has to do is avoid service via mail. Not tough to do. Hire a process server and have her served.

How long does a former tenant have to retrieve personal belongings after moving away from a rental property?

Answered 11 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
The answer varies depending on the circumstances of the departure. If you vacate early but continue to pay on your lease and hold your keys, you retain control of the premises the same as if you were still residing there. If you give proper notice, you have until your notice periods ends, unless you and the Landlord work out something different by agreement. If you leave without notice or otherwise break your lease, the respective rights of you and your landlord are generally set out in the lease.... Read More
The answer varies depending on the circumstances of the departure. If you vacate early but continue to pay on your lease and hold your keys, you... Read More

As landlords do we have to have locks on the mailboxes?

Answered 11 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
I am not aware of anything that requires a landlord to provide a locking mailbox on a residential property leased to a tenant.
I am not aware of anything that requires a landlord to provide a locking mailbox on a residential property leased to a tenant.

Can I legally audio record someone without them knowing if there are signs posted on site “on video surveillance”?

Answered 11 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
The signs are irrelevant in OK. OK is a one party consent jurisdiction. If you are part of the conversation, you can record your conversation without telling the other party in advance. You can not hide a recorder in someone's car or office or home or park bench, bathroom, etc. and record in secret any conversation where you are not a participant in that conversation. But recording your conversation with someone else is fair game.... Read More
The signs are irrelevant in OK. OK is a one party consent jurisdiction. If you are part of the conversation, you can record your conversation without... Read More

If resident got arrested for drug bust from DEA and his apartment is full, how long do we have to hold his stuff and who can get it?

Answered 11 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer
Was the rent paid for the month? It is possible someone arrested can make bail within a few days or so and be back home.
Was the rent paid for the month? It is possible someone arrested can make bail within a few days or so and be back home.

30 day intent to vacate notice

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
Yes.
Yes.

Do i have to give a 60 day notice to my apartment complex?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
It depends on the nature of the breach. If you don't give the notice specified in the lease, the landlord is likely to keep your security deposit.
It depends on the nature of the breach. If you don't give the notice specified in the lease, the landlord is likely to keep your security deposit.

I was sued for forcible entry and detainer by someone I have no contract or connection with? What can i do?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
If your rent is current, you have a good defense to the FED action. You should get an attorney to go to court with you. If you are going to do it yourself, make sure you bring your cancelled checks and bank statements showing rent payment, and copies of your lease and any other lease related papers. ... Read More
If your rent is current, you have a good defense to the FED action. You should get an attorney to go to court with you. If you are going to do it... Read More

Is renter's insurance a legal requirement if the apartment lease only "Urges" a tenant to get renter's insurance?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
The landlord has the right to not renew a lease as long as the decision is not based on reasons that would violate Fair Housing laws.
The landlord has the right to not renew a lease as long as the decision is not based on reasons that would violate Fair Housing laws.

Can a landlord purhcase a renter's insurance policy on behalf of tenant tenant in Oklahoma?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
The landlord can purchase the insurance. If the insurance premium is a part of the rent, you may be evicted for failure to pay rent. However, if your rent is otherwise paid and current, and the lease is ambiguous on the insurance, if you are sued, the judge would not likely evict you if you go to court and assert your payment defense. ... Read More
The landlord can purchase the insurance. If the insurance premium is a part of the rent, you may be evicted for failure to pay rent. However, if your... Read More

what happens if you dont pay a claims court

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
The landlord may turn the judgment over to a collection agency, or may attempt to collect on it himself through bank account or wage garnishment.
The landlord may turn the judgment over to a collection agency, or may attempt to collect on it himself through bank account or wage garnishment.

Is non-biodegradable trash (not leaves, tree limbs, etc.) considered yard maintenance in a land lease?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
Not likely if the rent is current. You would likely have a suit to enforce the maintenance clause. Your lease may give you other remedies if it has a self-help type clause.
Not likely if the rent is current. You would likely have a suit to enforce the maintenance clause. Your lease may give you other remedies if it has a... Read More

Can the city be held liable for city police forcing tenent from apartment at landlords direction, when no prior notice was given?

Answered 12 years and a month ago by attorney Brian Russell Huddleston   |   1 Answer
The police were likely Sherriff's Deputies and this can only be done after receiving a writ issued by a judge in the eviction case (FED).
The police were likely Sherriff's Deputies and this can only be done after receiving a writ issued by a judge in the eviction case (FED).

How can I sue if the landlord's leasing office opened my bill before I received the bill?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers
It may or may not be against the law because I don't know if you are talking about the landlord's bill to you or a bill from a third party. If the former, it was their bill. If the latter, were you still living there or had you moved? In either case, did the landlord open it inadvertently, not knowing it was too you because they just open envelopes. In those cases no harm, no foul. If they did it intentionally, then it may be a violation of federal criminal law; but unless their opening it caused you financial damage, I think the same rule applies - no harm, no foul.... Read More
It may or may not be against the law because I don't know if you are talking about the landlord's bill to you or a bill from a third party. If the... Read More

How can we go about judgement against me and my husband?

Answered 12 years and 5 months ago by Rebekah Susan Sass (Unclaimed Profile)   |   3 Answers
So you want to request a stay of the order pending the appeal, and you want to file an appeal. One of the grounds of your appeal will have to be ineffective assistance of counsel, but although I encourage you to raise that issue - it alone will not be enough. You will need to show that the evidence you would have presented had you had effective counsel would have been either 1. You owed no money - and paid per the lease agreement (have receipts or witnesses) or 2. The eviction was not valid b/c you were not given appropriate notice in which to file you answer. or request a hardship mitigation... Read More
So you want to request a stay of the order pending the appeal, and you want to file an appeal. One of the grounds of your appeal will have to be... Read More

How can we go about judgement against me and my husband?

Answered 12 years and 5 months ago by Raymond Ira Moniak (Unclaimed Profile)   |   3 Answers
If the Unlawful Detainer was in a Limited Jurisdiction Court, which it sounds like from the amount, you only have 30 days to appeal. Whether or not it is worthwhile to appeal is a decision you must make after discussing with an attorney.? As to man you hired to appear at court, if he was an attorney you should report him to the State Bar. You may have a malpractice claim against him. On the bankruptcy, it is not true the bankruptcy of your husband would help you.? If you are on the Judgment the landlord/creditor can still go after you.... Read More
If the Unlawful Detainer was in a Limited Jurisdiction Court, which it sounds like from the amount, you only have 30 days to appeal. Whether or not... Read More

What legal action can I take if my tenant won’t vacate the property after the lease expired?

Answered 12 years and 5 months ago by Frances Ann Headley (Unclaimed Profile)   |   4 Answers
You will have to proceed with an unlawful detainer.
You will have to proceed with an unlawful detainer.

What option do I have if I have a lease contract for 3 years and have to cancel it after 1 year?

Answered 12 years and 6 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
Your best option would be to find a subtenant to generate income towards the remaining lease obligation. You should look over your lease to determine the nature of any limitations or restrictions on assignments and subleases. You could also consider offering the landlord a lump some payment, such as a payment in advance for six months rent, an exchange for a release. Depending on your financial circumstances, you may also wish to consider filing a bankruptcy.... Read More
Your best option would be to find a subtenant to generate income towards the remaining lease obligation. You should look over your lease to determine... Read More

Can you sue the apartment complex if you're self employed and your vehicle and tools were stolen?

Answered 12 years and 6 months ago by William Joseph Bidwell (Unclaimed Profile)   |   2 Answers
In a few cases a landlord was held responsible for negligence for failure to provide some type of security to protect people from violence. I do not believe that case law has extended to include property. Your insurance should cover your losses.
In a few cases a landlord was held responsible for negligence for failure to provide some type of security to protect people from violence. I do... Read More

Can I talk to the owner of a listed property?

Answered 12 years and 6 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
The homeowner will be paying the commission to the real estate broker upon sale of this home. Generally, sellers consider any third-party communications regarding the sale of the home to fall within the scope of the activities which the broker should handle. Unless your inquiry is unrelated to the sale of the home, it would appear appropriate for you to contact the listing agent.... Read More
The homeowner will be paying the commission to the real estate broker upon sale of this home. Generally, sellers consider any third-party... Read More

What is the law regarding the due date of your rent?

Answered 12 years and 6 months ago by James Timothy Weiner (Unclaimed Profile)   |   5 Answers
Its due on the due date. No law other wise. If not paid your landlord will need to issue a 7 day notice.
Its due on the due date. No law other wise. If not paid your landlord will need to issue a 7 day notice.
Landlord and Tenant Law
Oklahoma

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