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ENGROSSED HOUSE
BILL NO. 2015 By: Pae of the House
and
Gollihare of the Senate
[ landlord and tenant – landlord's breach of rental
agreement – tenant – action to enforce an
obligation of a landlord – guidelines – types of
relief – landlord's liability for damages –
withholding payment of rent – attorney fees and
other damages - 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. 2025,
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 specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less than
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thirty (30) days after receipt of the notice if action to correct
the breach is not remedied has not meaningfully begun 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 tenant may terminate
or bring an action in court to enforce an obligation of the
landlord.
1. A tenant may not bring an action under this title unless the
following conditions are met:
a. the tenant gives the landlord written notice of the
landlord's noncompliance with a provision of this
title,
b. the landlord has been given a reasonable amount of
time, not to exceed fourteen (14) days, to make
repairs or provide a remedy of the condition described
in the tenant's notice. The tenant may not prevent
the landlord from having access to the rental premises
to meaningfully begin to make repairs or to
meaningfully begin to provide a remedy to the
condition described in the tenant's notice, and
c. the landlord fails or refuses to repair or remedy the
condition described in the tenant's notice.
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2. If the tenant is the prevailing party in an action under
this section, the tenant may obtain any of the following, if
appropriate under the circumstances:
a. actual damages and consequential damages,
b. injunctive relief,
c. damage equivalent to two (2) months' rent, and
d. any other remedy appropriate under the circumstances.
3. The landlord's liability for damages begins when:
a. the landlord has notice or actual knowledge of
noncompliance, and
b. the landlord has:
(1) refused to remedy the noncompliance, or
(2) failed to meaningfully begin to remedy the
noncompliance within a reasonable amount of time,
not to exceed fourteen (14) days, following the
notice or actual knowledge.
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
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the landlord fails to meaningfully begin 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.
If the cost of necessary repairs exceeds one month's rent, after
written notice stating the specific reason for the withholding, the
tenant may withhold payment of rent and immediately deposit it in a
separate bank or savings and loan account, written evidence of such
action to be provided to the landlord upon deposit, maintained only
for the purpose of making repairs until such time as the landlord
makes the repairs, at which time the tenant shall release the
deposit to the landlord or until sufficient money is accumulated in
the account for the tenant to cause the repairs to be made and paid
for.
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
written notice to the landlord specifying the breach and thereafter
may:
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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 landlord's noncompliance, at the
discretion of the court; 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. 1. The prevailing party in any action brought under this
section may recover reasonable attorney fees under the provisions of
Section 105 of this title.
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2. If any action is brought under this section, or Section 131
or 132 of this section, and the action is found to have been brought
in bad faith, the prevailing party may recover damages equivalent to
two (2) months' rent.
F. 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
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, 2026.
Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2026.
Presiding Officer of the Senate