A. A landlord shall at all times during the tenancy: 1. Except in the case of a single-family residence, keep all common areas of his building, grounds, facilities and appurtenances in a clean, safe and sanitary condition; 2. Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition; 3. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air- conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him; 4. Except in the case of one- or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and
5. Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat. B. The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling. C. Prior to the commencement of a rental agreement, if a landlord knows or has reason to know that the dwelling unit or any part of the premises was used in the manufacture of methamphetamine, the landlord shall disclose this information to a prospective tenant. Provided however, if the landlord has had the level of contamination assessed within the dwelling unit or pertinent part of the premises, and it has been determined that the level of contamination does not exceed one-tenth of one microgram (0.1 mcg) per one hundred square centimeters (100 cm2) of surface materials within the dwelling unit or pertinent part of the premises, no disclosure shall be required. Added by Laws 1978, c. 257, § 18, eff. Oct. 1, 1978. Amended by Laws 2010, c. 282, § 1, eff. Nov. 1, 2010.
Notes of Decisions
Miller v. David Grace, Inc., 2009 OK 49 (Okla. 2009).
· cites it 3× “ANALYSIS T 12 Tenant urges that the Oklahoma Legislature abrogated the common law landlord tort immunity rule with its enactment of Okla. Stat. tit. 41, § 118 (2001). She contends the immunity rule articulated in Alfe and Godbey is out of syne with Oklahoma's landlord tenant…”
Lompe v. Sunridge Partners, LLC, 818 F.3d 1041 (10th Cir. 2016).
“heating”); Okla. Stat. Ann. tit. 41, § 118 (A)(3) (providing that landlord shall "[mjaintain in 'good and safe working order and condition all f.”
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).
“1974); Oklahoma — Okla.Stat. tit. 41 § 118 (1978); Oregon — Or.”
Wagoner v. Bennett, 814 P.2d 476 (Okla. 1991).
“1941 § 31, now 41 O.S.1981 § 118, of the ORLTA. We affirmed prior rulings dating back to 1926, wherein the remedies provided by statute to the tenant were held to be exclusive, and held that “the tenant has no right of action in tort_” Staples, 242 P.”
Art Kirchner & Edie Kirchner v. Chattanooga Choo Choo, a Hawaiian Ltd. P'ship, 10 F.3d 737 (10th Cir. 1993).
· cites it 2× “” Okla. Stat. tit. 41, § 118 (A)(1). If a landlord breaches this duty and thus “materially” affects health or safety, the tenant, after notifying the landlord and receiving no cure, may terminate the lease or, where the breach implicates health, may make inexpensive repairs and…”
Weatherall v. Yorktown Homeowner's Ass'n, 852 P.2d 815 (Okla. Civ. App. 1993).
“, imposed a higher duty on REC than the common law. She also claims there were unresolved questions of fact whether the ice on which she slipped was an open and obvious condition.”
Rodgers v. Rosen, 737 P.2d 562 (Okla. 1987).
“In doing so, the Court of Appeals found that the Oklahoma Residential Landlord- and Tenant Act, 1 and specifically 41 O.S.1981 § 118, created a duty on the part of the landlord to provide a tenant with an apartment secure against criminal intrusion.”
— Okla. Stat. tit. 41, § 118(A)(1) — 2 cases
Weatherall v. Yorktown Homeowner's Ass'n, 852 P.2d 815 (Okla. Civ. App. 1993).
“, imposed a higher duty on REC than the common law. She also claims there were unresolved questions of fact whether the ice on which she slipped was an open and obvious condition.”
Art Kirchner & Edie Kirchner v. Chattanooga Choo Choo, a Hawaiian Ltd. P'ship, 10 F.3d 737 (10th Cir. 1993).
“” Okla. Stat. tit. 41, § 118 (A)(1). If a landlord breaches this duty and thus “materially” affects health or safety, the tenant, after notifying the landlord and receiving no cure, may terminate the lease or, where the breach implicates health, may make inexpensive repairs and…”
— Okla. Stat. tit. 41, § 118(A)(2) — 1 case
Miller v. David Grace, Inc., 2009 OK 49 (Okla. 2009).
“ANALYSIS T 12 Tenant urges that the Oklahoma Legislature abrogated the common law landlord tort immunity rule with its enactment of Okla. Stat. tit. 41, § 118 (2001). She contends the immunity rule articulated in Alfe and Godbey is out of syne with Oklahoma's landlord tenant…”
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