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Jessica
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JKEsq, Expert
Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.
I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.
JKEsq, Expert
So you have reported rodents but they haven't taken and true action to get rid of them?
JKEsq, Expert
Did you give them any notice in writing yet or was this all oral?
JKEsq, Expert
The demand to fix the issue.
JKEsq, Expert
But you just said you made a repair request which is in writing.
JKEsq, Expert
Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.
JKEsq, Expert
Ok! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!
JKEsq, Expert
I’m sorry to hear about your issues here, hopefully, we can solve them quickly.
In Oklahoma, a landlord’s obligation for providing a habitable living space is primarily governed by OK Stat. § 41-118. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
That would certainly include rodents, bugs, etc.
It is recommended that tenants send the dated, written notice with proof that it was received by the landlord, and keep a copy for their records. The landlord is given 14 days to make any necessary repairs after receiving written notice.
But you must follow the process exactly. You must give the landlord a written notice and proof that you sent it. That is why it is best to do it by certified mail so you have proof of delivery. And you must wait for 14 days before you have any legal remedies.
Oklahoma landlord-tenant law does not allow tenants to withhold rent in response to habitability issues.
Tenants have the right to repair the issue themselves after 14 days of notice (or sooner in the case of emergency) and deduct a reasonable amount for the repair from the following month’s rent if the total costs for repair are less than $100. The tenant must provide the landlord with an itemized statement to deduct the cost of repair. I have no idea if an exterminator would cost less than $100 here but I would doubt it. So this may not be a viable option.
JKEsq, Expert
Tenants do have the right to sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service.
Tenants can also break their lease and moved out without any penalty.
I would strongly suggest you get a local landlord-tenant lawyer involved to help you with the proper notice as that is the first step to having legal remedies. It must be done exactly correctly or else you can be sued for eviction if you simply walk away.
You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation and 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, you can search your county legal aid office on Google for their contact information and contact them for some free legal help.
Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can
JKEsq, Expert
Great! You're very welcome and it was my pleasure.
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JKEsq, Expert
Have a great rest of the day!