More rights for tenants start this month as an updated state law takes effect which increases the number of money renters can hold back if they’re forced to make and pay for necessary repairs that the landlord won’t make.
A range to cook. A dryer to do laundry. A hot water heater to take a shower. All powered by gas in Lisa Ortiz’s rental house. But all, without power, because of a gas leak.
A dangerous discovery, after a skyrocketing gas bill of $400.
“I said oh my gosh, let me call ONG to find out why, what’s going on here, why is by bill so high,” Lisa says.
Fortunately, finding the leak probably prevented a tragedy. But it also meant Lisa and her husband, who suffers from a stroke and diabetes, had to shower at a truck stop, do laundry at a laundromat, and eat fast food.
“It makes me feel bad, real, real bad, that I have to live like this.”
Money, Lisa tells us, is scarce.
“I have to pay bills, I can’t spend, I have to pay bills, I have no money, I’ve got to start paying the $400 gas bill.”
You may ask though since the Ortiz's live in a rental, why not get the landlord to repair the leak, and get the gas turned back on?
“He sent someone out here, but he didn’t know what to do.”
And two weeks later … still no gas.
Lisa says the landlord asked them to pay half of the $400 it would take to make the repair, and for a city inspection. But she said no. Their rent, Lisa says is $350 a month.
“It is his responsibility, I’ve told him time and time and time again, we need to get something done.”
We touched base with the landlord and found out there indeed had been some confusion and miscommunication over the repair, and rental payments in the past, that he had not collected because of the covid pandemic.
But after all, was said and done, the gas leak would be repaired.
While this situation happened before Oklahoma’s updated law went into effect, landlords were always required to keep a tenant’s housing, fit and habitable.
And that would include such things as electrical, heating, and plumbing, which would include the Ortiz’s dilemma.
An update to the Oklahoma Landlord Tenant Act became effective November 1st, can make a difference when repairs are needed and the landlord won’t make them.
Tenants can now deduct up to one month’s rent to make necessary repairs themselves.
Keri Cooper is the Executive Director of the Tulsa Apartment Association. She told the 2 News Problem Solvers the law now “increases the amount allowed to be deducted for repairs up to one month’s rent under certain conditions."
The law states that if there is noncompliance by the landlord that affects the health of the residents and could be fixed 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 intent to correct the condition at the landlord’s expense after the expiration of 14 days.
If the landlord fails to comply in that time, or in the case of an emergency, the tenant may have the work done after submitting to the landlord an itemized statement, deduct from his or her rent the actual and reasonable cost or fair and reasonable value of the work, not exceeding one month’s rent.
The Tulsa Apartment Association tells us:
“Professional housing providers work very hard to make sure their residents are comfortable and happy in their home. Their desire is to make repairs as soon as possible to ensure their residents are happy with where they live and want to stay there for a long time. Sometimes other work orders or service requests take priority (based on the level of severity of the work order or service request). Housing providers may have delays in getting necessary parts or finding a contractor to do the work which could delay repairs, especially in peak times. If a resident (tenant) has a health-related need for their home to be at a certain temperature, the resident (tenant) needs to make sure they have communicated that need to the housing provider. In that scenario, the housing provider should expedite that resident’s work order or service request.”
Contact the Problem Solvers:
- 918-748-1502
- problemsolvers@kjrh.com
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