I have an year lease with apartment homes. I have seen a mice reported. They give me some glue trapes and a enclosed

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Customer: Good morning,
JA: Hi. How can I help?
Customer: I have an year lease with apartment homes. I have seen a mice reported. They give me some glue trapes and a enclosed pouch of bait. what are my legal rights? Can I break my lease?
JA: To start, can you confirm the state you're in? These matters can differ depending on location.
Customer: Tulsa,Oklahoma
JA: How far along are you in this process? Any complications or roadblocks so far?
Customer: We are in the third week > This morning I notice the packet of bait is gone and also one of the glue traps I purchased.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no there is nothing else.
Answered by JKEsq in 5 mins 5 months ago
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JKEsq
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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.

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JKEsq, Expert

So you have reported rodents but they haven't taken and true action to get rid of them?

Customer
They put a small bait packet under a cabinet in my kitchen 3 inches from the floor. They left last week on their return visit to glue traps. I was told by Sarah, a leasing agent here at Lincoln on Memorial, that the rodent eats the bait, goes back to where they came from and dies. Other rodents eat it, and they all die. Unfortunately, that has not been my experience. I have a year lease. I want to move into another apartment if one is comparable to my apartment.
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JKEsq, Expert

Did you give them any notice in writing yet or was this all oral?

Customer
I filed a repair request online initially in my resident portal. I also had one telephone conversation with Sarah.
Customer
Notice pertaining to what?
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JKEsq, Expert

The demand to fix the issue.  

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JKEsq, Expert

But you just said you made a repair request which is in writing.

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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.

Customer
No, what I stated is my situation. I would like to move and break my lease if I have that legal right.
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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!

Customer
Take your time.
Customer
very good.
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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.

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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

Customer
Thank You very much. I'll follow your advice if you don't mind. God Bless you. And Thank You again.
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JKEsq, Expert

Great! You're very welcome and it was my pleasure.

It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with the title "For JKEsq” or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

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JKEsq, Expert

Have a great rest of the day!

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