Breaking lease in Oklahoma

[cheliebely]

What is the name of your state (only U.S. law)? Oklahoma

Due to furloughs I will most likely be taking a huge pay cut in the next few months. I spoke with my landlord about possibly breaking my lease. She advised me that if I broke my lease I would be responsible for two months rent, due at the time I turned my keys in. She then advised me that if I didn't pay the two months rent at that time, then I would be responsible for the remaing months on the lease. I didn't feel this was correct so I looked up the Oklahoma Residential Landlord and Tenant Acts. So, Title 41 sec 113 states that a rental agreement may not provide that either party thereto: agrees to waive or forego rights or remedies under this act. Title 41 sec 111 states the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty days before the date upon which the termination is to become effective. Title 41 sec 129 B basically states that if a tenant wrongfully quits or abandons a dwelling the landlord has to make reasonable effort to rerent the dwelling. If the landlord demands two months rent upon the breaking of the lease, how can that be considered a reasonable effort the rerent the property? If I provide 30 days written notice, is that considered wrongfully quitting or abandoning the dwelling? I guess what I'm wondering is, if I give 30 days written notice what are my legal financial obligations to the property owner?

 

[troubled13]

I just broke a lease not too long ago. I am not a lawyer, nor am I from Oklahoma; however, I am certain that they cannot demad any money in advance. I know in Arizona that you must give your landlord notice that you are leaving. Make sure you make a copy and send it certified, return reciept requested and KEEP EVERYTHING. I cannot stress this enough. Once lease is broken, they have 14 days to furnish to you the security deposit (if any) with an itemized reciept of damages if it is less than the original amount. In your notification letter, state that you plan on paying for the costs of advertising to rerent the place and that you expect your security deposit within the 14 day time frame with an itemized reciept.

Look at your lease and find out what is says in regard to breaking the lease. More than likely it states that you must pay any rent due for months that it is not rented out for the remainder of your lease. Moreover, it probably has a lease breaking fee. Find out what that is, so you can expect the financial outcome. Use due diligence before you do anything and keep copies of everything. Good luck!

 

[Gail in Georgia]

You have a lease with your current landlord. If you break your lease, you remain responsible for the remainder of the months on the lease or until the unit is rerented.

Yes, the landlord has an obligation to make the attempt to rerent the unit. However, there is no guarantee that they will be able to do this (winter is often a very slow time to find new tenants).

As a general rule, a landlord/management will be given 2 months to find new tenants. Courts have determined this is a reasonable amount of time. This is why many apartment complexes include a 2 month rent penalty (and this also often includes giving up the security deposit) when a tenant breaks a lease. This allows them some coverage for lost revenue and avoids them having to take the tenant to court to sue for owed rent.

Oklahoma law requires that a landlord provide the former tenant with information regarding their security deposit within 30 - not 14 - days. Keep in mind that the security deposit may also be used for owed rent.

Does your lease allow you to sublet? If so, this is one way you can avoid these penalties for breaking a lease.

Gail

 

[treese]

Your landlord is correct and what she is asking for is legal. Here is the deal.

You have a fixed term written lease. You cannot terminate the lease without the landlord's agreement - in writing.

You have two options:

1. Come to an agreement with the landlord to terminate the lease. What the landlord is offering you is a lease termination fee and agreement. In this case, you pay 2 months rent and your lease is terminated. You have no further liability - it is a clean break. Get this agreement in writing.

2. You vacate and the landlord attempts to rerent. It is winter and tenants are hard to come by. You face being liable for the rent until either a replacement tenant is found or the lease expires. The landlord can also hold you liable for any costs incurred due to your breach. These costs can include, but are not limited to: advertising costs, agent fees, court costs, attorney fees, etc.

Title 41 sec 111 states the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty days before the date upon which the termination is to become effective.

This is PART of the law, you left out the most important part ... this applies to month to month tenancies only. You have a fixed term written lease ... it does not apply to you. Here is the full paragraph:

Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is month-to-month or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective. The thirty-day period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section.

Title 41 sec 129 B basically states that if a tenant wrongfully quits or abandons a dwelling the landlord has to make reasonable effort to rerent the dwelling.

Again, you are only reading the part of the section that you want to apply to you. This section clearly makes the tenant liable for the rent until a replacement tenant is found or the lease expires, as long as the landlord makes reasonable efforts to rerent. Here is the full section:

B. If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy. If the landlord fails to use reasonable efforts to make the dwelling unit available for rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If, after making reasonable efforts to make the dwelling unit available for rental after the abandonment, the landlord fails to rerent the premises for a fair rental during the term, the tenant shall be liable for the entire rent or the difference in rental, whichever may be appropriate, for the remainder of the term. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.