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Oklahoma LIABILITY OF LESSOR WHO UNDERTAKES REPAIR OF PREMISES

State:
Oklahoma
Control #:
OK-JURY-11-15-CV
Format:
Word
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LIABILITY OF LESSOR WHO UNDERTAKES REPAIR OF PREMISES

In Oklahoma, the liability of a lessor who undertakes repair of premises depends on whether the lessor is an active or passive repairer. An active repairer is one who has assumed the responsibility of maintaining the premises, and is liable for any injury or damage resulting from improper repair, while a passive repairer is one who merely inspects the premises and makes general repairs, but does not assume responsibility for the condition of the premises. Active Repairer: An active repairer is liable for any injury or damage resulting from improper repair, negligence in the performance of repair duties, or failure to exercise reasonable care in the performance of repair duties. Active repairers must be aware of and comply with applicable building codes and safety regulations. Passive Repairer: A passive repairer is not liable for any injury or damage resulting from improper repair, negligence in the performance of repair duties, or failure to exercise reasonable care in the performance of repair duties. However, a passive repairer may be liable for any injury or damage resulting from a failure to inspect the premises and make general repairs. Overall, lessors who undertake repair of premises in Oklahoma are liable for any injury or damage resulting from improper repair, negligence in the performance of repair duties, or failure to exercise reasonable care. The liability will depend on whether the lessor is an active or passive repairer.

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FAQ

Landlord Responsibilities in Oklahoma ItemHas to Provide?Has to Fix/Replace?Garbage Containers/RemovalUsuallyUsuallySmoke and Carbon Monoxide (CO) DetectorsYesYesMoldN/AYesPest ControlN/AYes3 more rows

Tenant's Right to Repairs in Oklahoma The landlord is given 14 days to make any necessary repairs after receiving written notice. Landlord Access? Tenants are required to give the landlord access to the property to make necessary repairs during reasonable hours.

As a residential tenant in Oklahoma, you have rights and duties relating to your home or apartment that cannot be bargained away in your lease. The Oklahoma Residential Landlord Tenant Act provides the legal framework for your lease and your relations with your landlord.

Renter's Rights for Repairs in Oklahoma In Oklahoma, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren't made in a timely manner, Oklahoma tenants can sue for a court order to force the landlord to make repairs.

The Sutton approach comes from an Oklahoma case where a landlord's insurance carrier sought to pursue a negligent tenant for damage caused to the landlord's property. That court stated ?the law considers the tenant as a co-insured of the landlord absent an express agreement between them to the contrary. . .? Sutton v.

A victim of domestic violence, sexual violence or stalking may terminate a lease without penalty by providing written notice and a protective order of an incident of such violence within thirty (30) days of such incident, unless the landlord waives such time period.

Oklahoma Renters' Rights and Landlord Responsibilities The landlord then has 14 days to make the repairs, and if they fail to do so, the tenant may pay for the repairs themselves and deduct the cost from their next rent payment.

Is the Landlord Responsible For Pest Control issues in Oklahoma? The answer is Yes. The Landlord is responsible for the pest control issues in Oklahoma. The landlord is responsible to provide a pest-free healthy environment to their tenants.

More info

This section of the Texas Property Code discusses landlord liability and tenant remedies, as well as the procedure for requesting repairs. Commercial leases commonly contain provisions dealing with who is liable for wear and damage to the leased premises during the time of the lease.Assumption of Repairs: A landlord generally has no duty to repair conditions that arise during the lease term, unless the lease agreement states otherwise. If a landlord does make repairs to leased premises, she must do so competently. A statute enacted in 1997, §441. Keep in mind that landlord insurance will only pay to repair or replace your landlord's physical assets. How long does a landlord have to make a repair? Landlords have a duty to provide premises free of dangerous defects and to repair dangerously defective conditions. In these cases, the landlord can wait to make repairs until the insurance company pays the property damage claim. In these cases, the landlord can wait to make repairs until the insurance company pays the property damage claim.

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Oklahoma LIABILITY OF LESSOR WHO UNDERTAKES REPAIR OF PREMISES