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Thursday, November 13, 2008 9:00 pm by Kaci Christian, FOX23.com, Tulsa OK-
The hot water heater leaks. Now, your carpet's soaking wet. The toilet overflows and it's not just water flooding your apartment. Or there's black mold, creeping up the walls. These are just a sampling of the problems viewers have told us about, and they say their landlords are ignoring them. In tonight's Solving Problems investigation, FOX 23's Kaci Christian explains there are ways you can fight back?and win.
"You found an apartment, signed the lease and moved in?but now, your 'dream place' has turned into a nightmare," reports FOX 23's Kaci Christian. "The situation is not hopeless. Under Oklahoma state law, your landlord has specific obligations?and you have certain rights, but what are they? And how can you defend them?"
William Grimm is an attorney with the downtown Tulsa law firm, Barrow & Grimm. He's also served as past president of the Tulsa County Bar Association, and the Oklahoma State Bar Association. Involved for a long time in the Tulsa County Bar's lawyer referral program, Grimm says, "The number one thing is it's gotta be habitable."
When you rent, you have to get the basic needs?your toilets flush, there's hot and cold running water, basic utilities, AC and heat?in other words, it's "livable."
Attorney Scott L. Hamilton is the managing attorney of Legal Aid Services of Oklahoma, Inc. "The landlord has an obligation to make sure that the premises are safe and secure," Hamilton says.
"But what happens when things don't work?" asks FOX 23's Kaci Christian. "Or it's not even habitable?"
Say it's a leaky faucet?
"Or a toilet that won't stop running?" FOX 23's Kaci Christian asks. "Whatever the problem, notify the landlord?in writing! And be sure to keep a copy."
Hamilton says tenants often try to withhold rent to try to force landlords to fix problems. But that, he says, is in violation of the Oklahoma Landlord-Tenant Act.
"The main thing is you have to keep paying rent," Hamilton explains, "and follow the steps set out in the law to address the problem."
"That's right," FOX 23's Kaci Christian emphasizes. "You can't withhold your rent. If you don't pay, legally you can be evicted. Besides being kicked out, that can also mess up your credit."
Once you've notified the landlord in writing, if the repairs haven't been made within 14 days, up to $100, you can do it yourself. Then submit the receipts and deduct the total from next month's rent. You can only do this if you've given the landlord the written notice of the deficiencies, and specified (in writing) that if the repairs haven't been made within 14 days, you'll be making them yourself, up to $100, and will deduct the amount from your rent. And remember, keep copies of everything.
"But what if the problems not minor, and you've alerted the landlord in writing, but it hasn't been fixed within 14 days?" asks FOX 23's Kaci Christian.
This woman's landlord knew her apartment had water dripping from the ceiling, and mold growing everywhere, creating living conditions her doctor says were making her sick. She notified the County and State health departments, and the State had sent a letter to the landlord, condemning the unit and ordering the removal of the mold. The landlord tried temporary fixes, like painting over the mold, but that didn't get rid of the problem, and the situation kept getting worse.
Grimm exclaims, "I've told people, 'Get outta there! There's no reason for you to stay!"
And the woman finally enlisted the aid of family and friends and was able to scrape together the resources to move out.
Emergency room doctors told this young mother her baby's asthma was due to mold in the family's apartment, but repeated notice to the management office didn't get it cleaned up.
"If you have a problem that affects your health or safety," Hamilton explains, "essentially, under Oklahoma law, if your landlord won't make repairs, you have the right to [legally] break the lease and move out."
Attorneys say take photos or videos to document the situation.
Under these uninhabitable conditions, some landlords say they'll let you out of your lease for a fee. Hamilton says a lot of people pay without realizing that legally, they were under no obligation to pay anything whatsoever to break the lease.
"If you break the lease under the law," he emphasizes, "there's no fee."
And that's true even if there's an "early termination" clause in the lease. That "early termination" clause only refers to breaking the lease without cause. In the case of an apartment not being habitable, the landlord hasn't met the requirement of providing habitable premises, and that means legally you can be released from the contractual obligations spelled out in the lease as long as you have given written notice of the deficiency, and allowed the landlord 14 days to make remedies, but those repairs haven't been made.
Again, if this is the case, and you've notified the landlord in writing, and have allowed 14 days but nothing has been fixed, you can then give 30 days written notice that you're moving out. No fee. No negative impact on your credit. No problem. But you do have to give written notice you're moving out in 30 days. Hand-deliver it to the leasing office, and make a note of the person who accepted it, or send it by certified mail via the U.S. Postal Service, and save the green receipt?and yes, keep copies!
But what about your security deposit?
Grimm says, "That's where the fight generally occurs."
"To get your deposit back, you have to request the return of the deposit in writing," adds Hamilton.
That's right?and make sure you include a forwarding address so the landlord knows where to send it.
Attorneys say the landlord has thirty days after you move out to inspect property, and determine any damages before sending you the remaining deposit, so don't expect to get your deposit back right away.
Hamilton continues, "If the landlord does not return the deposit to you after 30 days after you move out, then you have the right to go to Small Claims Court and sue to recover the rest of your deposit."
If you have to resort to Small Claims Court, be sure to have all the documentation?a copy of your lease; cancelled checks and receipts showing you paid a deposit, and documenting that you made rent payments; copies of all the written notices you gave the landlord for repairs; and a copy of the written notice you were moving out.
"It's helpful to have photographs, perhaps a friend who was in the apartment with you at the time you moved out so they can testify about the condition of the place when you left," Hamilton says.
And if you don't ask for your deposit back?in writing?
"The landlord is entitled to keep the deposit if you don't request the deposit within six months after you move," Hamilton clarifies.
You can also file complaints with the Tulsa City-County Department of Health, with the City of Tulsa Inspection Department, with the Mayor's Action Line, and with the Fire Marshall's office, if there's an issue affecting fire safety.
Examples of fire safety problems would include if your unit doesn't have a working smoke detector, or if the balcony outside your apartment was sagging and might pose a risk to a firefighter wearing and carrying heavy gear, if it were to collapse.
To make sure your next place is better--
Don't sign your lease until you've seen the actual unit you'll be renting.
Do a walk-through of the apartment with the manager when you move in, and have the manager write up a walk-through list of things that need to be repaired. Keep that list in your file, in the event you need to have it as proof that something was broken or in disrepair when you moved in.
Ask friends for referrals to places they recommend.
If you're considering a particular apartment complex, ask around about its reputation and whether the maintenance staff responds promptly to requests for repairs.
When you're visiting a prospective place to live, ask who owns the complex and whether they live in Oklahoma or out-of-state, and carefully weigh whether you feel the landlord will be responsive to your needs.
To see the news video, go to this page of the fox23.com news web site and click on the video link in the right-hand column.
http://www.probono.net/link.cfm?11230
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