# Okla. Stat. tit. 41, § 41-121: Landlord's breach of rental agreement - Deductions from

> Oklahoma · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-121

## Section

- **Citation:** Okla. Stat. tit. 41, § 41-121
- **Heading:** Landlord's breach of rental agreement - Deductions from
- **Jurisdiction:** Oklahoma
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OK Code / Title 41 / Section 41-121

## Text

rent for repairs - Failure to supply heat, water or other essential

services - Habitability of dwelling unit.

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 thirty

(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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 24

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

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

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.

## Nearby sections

- [Okla. Stat. tit. 41, § 41-1 Who deemed tenant at will](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-1.md)
- [Okla. Stat. tit. 41, § 41-2 Tenant holding over as tenant at will - Expiration of](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-2.md)
- [Okla. Stat. tit. 41, § 41-3 Tenant holds from one period to another, when](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-3.md)
- [Okla. Stat. tit. 41, § 41-4 Time of notice to terminate tenancy](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-4.md)
- [Okla. Stat. tit. 41, § 41-5 Termination of tenancy from year to year](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-5.md)
- [Okla. Stat. tit. 41, § 41-6 Notice to quit where rent not paid](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-6.md)
- [Okla. Stat. tit. 41, § 41-7 Notice when rent not paid under tenancy for less than three](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-7.md)
- [Okla. Stat. tit. 41, § 41-8 Notice to quit not required, when](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-8.md)
- [Okla. Stat. tit. 41, § 41-9 Service of notice - Termination of tenancy](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-9.md)
- [Okla. Stat. tit. 41, § 41-10 Tenant may not assign, when](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-10.md)
- [Okla. Stat. tit. 41, § 41-11 Landlord may reenter after unauthorized assignment](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-11.md)
- [Okla. Stat. tit. 41, § 41-12 Attornment unnecessary to conveyance](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-12.md)
- [Okla. Stat. tit. 41, § 41-13 Attornment to stranger void](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-13.md)
- [Okla. Stat. tit. 41, § 41-14 Rights of sublessees](https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OK_T41_S41-121. Check the current official text before relying on it. Not legal advice.
