The Pitfalls of Withholding Rent

Countless Oklahoma tenants get into a legal fire when they improperly withhold rent owed to their landlord. That being said, withholding rent is legal in Oklahoma and this article breaks down the statutes and its associated Pitfalls. Interestingly, this law is actually changing and the new wording goes into effect 11/02/2022. The specific statute allowing the withhold of rent is 41 O.S. Section 121. As you will see, withholding rent is not an easy thing to do and there are many, many pitfalls. So please, if you have concerns regarding withholding rent, please give Hohenheim Legal a call before resorting to this remedy.

WHEN TO WITHHOLD

The statute holds a few elements that must be met before withholding rent can be considered. These requirements can be broken down into the nature of the breach and the notice:

NATURE OF THE NONCOMPLIANCE

1. Noncompliance by the landlord with either terms of rental agreement or of Section 118. Section 118 provides the landlord has the following duties:

   • Duty to make all repairs and keep the dwelling unit in a fit and habitable condition

   • Duty to maintain, in good and safe working order, all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators supplied or required to be supplied by the landlord

   • And others if in a larger apartment complex

2. The noncompliance materially affects health

3. The breach is repairable and the reasonable costs of such repair are equal to or less than one month’s rent

   • The operative term here is that the reasonable costs of such repair cannot exceed 1 months’ rent. If such repairs do actually cost more than 1 months rent, you might be out the difference between the actual repairs and your monthly rent.

4. Not caused by the deliberate or negligent act or omission of the tenant, a member of their family, or animal or pet.

   • This is a simple element. The tenant cannot cause the issue and then threaten to withhold rent to fix the issue they caused.

NOTICE TO LANDLORD

1. Tenant must notify the landlord IN WRITING of the tenant’s intention to repair at the landlord’s expense

2. 14 days between the notice and repairs

HOW TO WITHHOLD

After the above requirements are met, and 14 days have passed, the tenant can have the repairs completed in a “workmanlike manner.” Workmanlike Manner is generally understood as having a certified plumber or electrician; whatever the circumstances might be. The tenant cannot do it themselves and charge whatever they wish. The tenant then needs to submit an itemized statement or invoice of such repairs. The tenant can then withhold or deduct from the rent the actual and reasonable expenses of the repair. In any event, if the repairs are completed and the amount deducted, the underlying lease will not be terminated.

POTENTIAL ISSUES

There are so many pitfalls to withholding rent. The notice to your landlord must be in writing. Oklahoma Courts have held this to be an actual physical writing. Therefore, make sure you actually draft a letter, sign and date it, then send it by certified mail so that you have some evidence of receipt.

CONCLUSION

As you might have noticed, this is a pretty complex area of Landlord Tenant Law. As such, tenants who are justified in withholding rent often find themselves evicted nonetheless because they missed a crucial step. If you have any questions, concerns, or are thinking of withholding rent, please give us a call first. It is better to make sure all your ducks are in a row before you end up at an eviction hearing.