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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1908 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to landlord and tenant; amending 41
O.S. 2021, Section 121, as amended by Section 1,
Chapter 230, O.S.L. 2022 (41 O.S. Supp. 2024, Section
121), which relates to landlord's breach of rental
agreement; providing that written notice from a
tenant to a landlord may include a text message or
email notification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 41 O.S. 2021, Section 121, as
amended by Section 1, Chapter 230, O.S.L. 2022 (41 O.S. Supp. 2024,
Section 121), is amended to read as follows:
Section 121. A. Except as otherwise provided in this act, if
there is a material noncompliance by the landlord with the terms of
the rental agreement or a noncompliance with any of the provisions
of Section 118 of this title which noncompliance materially affects
health or safety, the tenant may deliver to the landlord a written
notice, which may include a text message or email to the landlord,
specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than thirty
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(30) days after receipt of the notice if the breach is not remedied
within fourteen (14) days, and thereafter the rental agreement shall
so terminate as provided in the notice unless the landlord
adequately remedies the breach within the time specified.
B. Except as otherwise provided in this act, if there is a
material noncompliance by the landlord with any of the terms of the
rental agreement or any of the provisions of Section 118 of this
title which noncompliance materially affects health and the breach
is remediable by repairs, the reasonable cost of which is equal to
or less than one month's rent, the tenant may notify the landlord in
writing of his or her intention to correct the condition at the
landlord's expense after the expiration of fourteen (14) days. If
the landlord fails to comply within said fourteen (14) days, or as
promptly as conditions require in the case of an emergency, the
tenant may thereafter cause the work to be done in a workmanlike
manner and, after submitting to the landlord an itemized statement,
deduct from his or her rent the actual and reasonable cost or the
fair and reasonable value of the work, not exceeding the amount
specified in this subsection, in which event the rental agreement
shall not terminate by reason of that breach.
C. Except as otherwise provided in this act, if, contrary to
the rental agreement or Section 118 of this title, the landlord
willfully or negligently fails to supply heat, running water, hot
water, electric, gas or other essential service, the tenant may give
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written notice to the landlord specifying the breach and thereafter
may:
1. Upon written notice, immediately terminate the rental
agreement; or
2. Procure reasonable amounts of heat, hot water, running
water, electric, gas or other essential service during the period of
the landlord's noncompliance and deduct their actual and reasonable
cost from the rent; or
3. Recover damages based upon the diminution of the fair rental
value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing
during the period of the landlord's noncompliance, in which case the
tenant is excused from paying rent for the period of the landlord's
noncompliance.
D. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agreement
or Section 118 of this title, which noncompliance renders the
dwelling unit uninhabitable or poses an imminent threat to the
health and safety of any occupant of the dwelling unit and which
noncompliance is not remedied as promptly as conditions require, the
tenant may immediately terminate the rental agreement upon written
notice to the landlord which notice specifies the noncompliance.
E. All rights of the tenant under this section do not arise
until he or she has given written notice to the landlord or if the
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condition complained of was caused by the deliberate or negligent
act or omission of the tenant, a member of his or her family, his or
her animal or pet or other person or animal on the premises with his
or her consent.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11171 JL 01/06/25