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-   -   Leasing laws in Oklahoma (https://www.askmehelpdesk.com/showthread.php?t=437504)

  • Jan 21, 2010, 10:54 AM
    csmiddy
    Leasing laws in Oklahoma
    Our lease/purchase ended and we couldn't obtain a loan. The landlord kept our deposit for "breech of contract" and raised our rent 20% with no notice in October. I advised him we could not afford it and would have to move. I told him in December that we would be out in January which we are. I want to prorate the month less the overpayments he charged for the 3 months. He says no that he keeps everything and we still have to pay the full amount. Who's correct? He said he will take us to court and sue.
  • Jan 21, 2010, 01:14 PM
    AK lawyer
    Quote:
    Originally Posted by csmiddy View Post
    Our lease/purchase ended and we couldn't obtain a loan. The landlord kept our deposit for "breech of contract" and raised our rent 20% with no notice in October. I advised him we could not afford it and would have to move. I told him in December that we would be out in January which we are. I want to prorate the month less the overpayments he charged for the 3 months. He says no that he keeps everything and we still have to pay the full amount. Who's correct? He said he will take us to court and sue.
    The answer might depend upon specific terms of your contract, but assuming nothing to the contrary in there, it appears that you didn't breach the contract: a lease/purchase agreement normally provides that purchasing is an option, not required.

    When did the lease end? End of September? If so, it became a month-to-month tenancy at will and he had the right to up the rent, provided he gave you proper notice. If this happened on October 1st, the effective date should have been November 1. So it looks like you would owe him two months of increased rent.

    What do you mean "prorate the month"? Either you owe him for December or not, and normally there would be no ability to pro-rate the rent for that month (so as to only owe for part of the month) if that's what you mean.
  • Jan 21, 2010, 01:15 PM
    this8384
    Quote:
    Originally Posted by csmiddy View Post
    Our lease/purchase ended and we couldn't obtain a loan. The landlord kept our deposit for "breech of contract" and raised our rent 20% with no notice in October. I advised him we could not afford it and would have to move. I told him in December that we would be out in January which we are. I want to prorate the month less the overpayments he charged for the 3 months. He says no that he keeps everything and we still have to pay the full amount. Who's correct? He said he will take us to court and sue.
    What did the contract say regarding obtaining financing? How long did you occupy the premises?

    What date did the increased rent start? You stated that he started charging rent at a 20% increase - what were the dollar amounts of the original rent and the increased rent?

    What was the exact date that you provided him with your notice of intent to vacate? What was the exact date that you vacated?
  • Jan 21, 2010, 01:45 PM
    csmiddy
    Quote:
    Originally Posted by AK lawyer View Post
    The answer might depend upon specific terms of your contract, but assuming nothing to the contrary in there, it appears that you didn't breach the contract: a lease/purchase agreement normally provides that purchasing is an option, not required.

    When did the lease end? End of September? If so, it became a month-to-month tenancy at will and he had the right to up the rent, provided he gave you proper notice. If this happened on October 1st, the effective date should have been November 1. So it looks like you would owe him two months of increased rent.

    What do you mean "prorate the month"? Either you owe him for December or not, and normally there would be no ability to pro-rate the rent for that month (so as to only owe for part of the month) if that's what you mean.
    I wanted to prorate the month of January since we moved out on the 17th (I notified him on Dec. 18th). There was no notice of an increase unti he showed up for the October payment on the 1st. The lease ended on the end of September. He said he could keep my deposit since I didn't buy the house.
  • Jan 21, 2010, 03:10 PM
    this8384
    Quote:
    Originally Posted by csmiddy View Post
    I wanted to prorate the month of January since we moved out on the 17th (I notified him on Dec. 18th). There was no notice of an increase unti he showed up for the October payment on the 1st. The lease ended on the end of September. He said he could keep my deposit since I didn't buy the house.
    Based upon what I'm reading here:
    Oklahoma Renters Information
    I think you may be able to pro-rate your rent for January. It doesn't say that you need to provide notice for the lease term, which would be at the beginning of the month.

    As for your deposit, I don't know what happened with it. First you said he kept it and was claiming that you had breached your contract; now you're saying he gave your deposit back.

    Unfortunately, I also cannot find anything regarding the amount of time that a landlord is required to give you before increasing your rent. I know in my state, Wisconsin, I'm required to give 30 days notice before I can raise a tenant's rent.
  • Jan 21, 2010, 06:56 PM
    Fr_Chuck

    It is a down payment on a contract for deed, not a deposit, and if you fail to purchase the home, you lose the down payment. That is how home sells work.

    Normally they can change your rent with a 30 day notice.

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