Oklahoma § 41-122 - Damage to or destruction of dwelling unit - Rights and

§ 41-122. Damage to or destruction of dwelling unit - Rights and

duties of tenant.

A. If the dwelling unit or premises are damaged or destroyed by

fire or other casualty to an extent that enjoyment of the dwelling

unit is substantially impaired, unless the impairment is caused by

Oklahoma Statutes - Title 41. Landlord and Tenant

the deliberate or negligent act or omission of the tenant, a member

of his family, his animal or pet or other person or animal on the

premises with his consent, the tenant may:

1. Immediately vacate the premises and notify the landlord in

writing within one (1) week thereafter of his intention to terminate

the rental agreement, in which case the rental agreement terminates

as of the date of vacating; or

2. If continued occupancy is possible, vacate any part of the

dwelling unit rendered unusable by the fire or casualty, in which

case the tenant's liability for rent is reduced in proportion to the

diminution in the fair rental value of the dwelling unit.

B. If the rental agreement is terminated under this section the

landlord shall return all deposits recoverable under Section 15 of

this act and all prepaid and unearned rent. Accounting for rent in

the event of termination or apportionment shall be made as of the

date of the fire or other casualty.

Added by Laws 1978, c. 257, § 22, eff. Oct. 1, 1978.