Senate bills would offer protections to renters

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  • The safeguards are proposed in Senate Bills 1301, 1333 and 1427 for renters.
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OKLAHOMA CITY – Renters would gain some protections against obstinate landlords, in three measures filed by a Comanche County legislator.

The safeguards are proposed in Senate Bills 1301, 1333 and 1427 by state Sen. John Michael Montgomery, R-Lawton.  SB 1301 addresses a landlord’s “material noncompliance” with any terms of a rental agreement if the breach affects the tenant’s health and can be remediated by repairs. If the “reasonable cost” of the repairs is the lesser of $400 or half of one month’s rent, the tenant could notify the landlord in writing of his or her intention to “correct the condition at the landlord’s expense” after 14 days have passed. Existing state law allows tenants to resort to such action if the repairs cost less than $100.

If the landlord fails to comply within two weeks, “or as promptly as conditions require in the case of an emergency,” the tenant could cause the repairs to be made “in a workmanlike manner.” After submitting to the landlord an itemized statement for the repairs, the tenant could deduct from the rent “the actual and reasonable cost or the fair and reasonable value” of that work. 

RENTER FIXES THE FENCE AT LANDLORD’S EXPENSE

SB 1333 also relates to a landlord’s breach of a rental agreement and would create the Residential Landlord and Tenant Act. When a renter has posted a deposit for a pet, and the rental property has a private outside area enclosed by a fence that is damaged, the landlord is obligated to repair the fence, the bill provides.

If the landlord is in noncompliance with the rental agreement, the tenant may notify the landlord in writing of “his or her intention to correct the condition at the landlord’s expense” after 14 days have passed. If the landlord fails to effect repairs within two weeks “or as promptly as conditions require in the case of an emergency,” the tenant would be empowered to have the repairs made at his/her expense.

After submitting an itemized statement to the landlord, the tenant could deduct from the rental payment “the actual and reasonable cost or the fair and reasonable value” of the work, but no more than 50% of the rental payment. If the cost of the repair project exceeded 50% of the tenant’s rent payment, the tenant “may deduct an additional amount” in subsequent payments “until the cost of the repair is fully reimbursed.”

WHEN RENTER IS A VICTIM OF VIOLENCE OR STALKING

SB 1427 would allow a renter who is a victim of domestic violence, sexual assault or stalking to terminate a lease without penalty, by providing the landlord with written notice and either a protective order or a police report of the incident within 30 days. The “perpetrator of such violence” could be sued for any economic loss incurred by the landlord because of early termination of the lease.

The legislation also decrees that a landlord could not deny, terminate, or refuse to renew a tenancy if the applicant, tenant, or member of the household is a victim of domestic or sexual violence or stalking, “regardless of whether there exists a current protective order.” SB 1427 further provides that a landlord “shall not deny a tenancy or retaliate against” a renter if that person previously terminated a lease agreement because of domestic or sexual violence or stalking. However, a landlord could deny, terminate or refuse to renew a tenancy agreement if the applicant has been convicted of domestic or sexual violence or stalking.