THE LAW: RESIDENTIAL LEASES

Today we look at laws regarding residential leases and what happens when there is a death of a family member with lease responsibilities. In 2018, on November 29th, a family member of Anna Jacques was declared deceased due to respiratory issues after a three day hospital admittance. One week after, Anna Jacques, while clearing her deceased family members apartment, was approached by the leasing office and informed that she herself would be solely responsible for the deceased tenants remaining lease duties and the property damage. Currently, in Oklahoma, the law specifically states that non-tenants are not usually legally responsible for their family members' lease duties. However, some states do hold blood relatives responsible for lease duties and property damages. In this essay we will take a look at the responsibilities of the tenant, relatives, and landlords. This paper responds to the challenge of The Law: Residential Leases by examining a detailed true case that allows us to execute proper ethical research into the Oklahoma Law regarding residential leases. We take a look at three different key points for tenants, relatives, and landlords executing legal rights and responsibilities upon a remaining residential lease term.

Keywords: landlords, tenants, non-tenants, blood relatives, ethical responsibilities, residential leases, the law, Oklahoma law, housing authority. Anna Jacques Property; Photography by Desiree Bennett, 2021.

The Law: Residential Leases

The challenge: Are we able to respond to the challenge of The Law: Residential Leases by examining a detailed true case that allows us to execute proper ethical research into the Oklahoma Law regarding residential leases. This paper responds to the challenge of research into the rights and responsibilities of tenants, non-tenants, and landlords regarding residential leases following the guidelines of the Oklahoma Law. This essay contains key Oklahoma Laws regarding residential leases between tenants, non-tenants and/or blood relatives, and landlords.

As well as one particular government agency called The Oklahoma Housing Authority or more commonly known as HUD. To do this, I have analyzed three key points or laws, regarding residential leases via landlords or government agencies and have found several key common practices that will allow informative decision making with today’s residential lease holders. The following key points will furnish you with understanding uncommon residential lease issues and improve the understanding of such contracts. The key practices are as follows,

Anna Jacques Property; Photography by Desiree Bennett, 2021.

Residential Leases Common Practices or Laws In Oklahoma

Residential Lease Terms and Conditions

1. Landlords should keep in mind that tenants have a right to habitable living conditions in every state. Thus the Landlord is solely responsible for the following n general, landlords are responsible for anything that breaks due to age, normal wear and tear, or that presents a safety issue. Common repairs landlords should pay for include:

Pest infestation (unless it’s a direct result of tenant negligence)
Broken locks (only if the tenant is not at fault)
Plumbing issues
Electrical issues
Heating & Cooling repairs
Visible mold

2. Non-tenants, including blood relatives, are not responsible for lease duties nor property damages, except when they are the cause of such damages or claimed as subtenants.

3. Oklahoma Housing Authority or (HUD) states that any property who has a lease agreement with them is fully aware that HUD signs as the acting tenant, and any client with HUD is set to strict policy rules. One such policy rule is that a tenant is allowed one non-tenant, who is not responsible for rent nor damages the client causes, for up to six months of living at the property. In this event, the non-tenant is not required to sign with HUD nor be appointed as a co-applicant/tenant on the client tenants contract. And is not required to inform the property Landlord, only HUD, who is also not required to inform the property whom they hold the lease with.

In this essay there are key points to be made aware of and to remember. One, Anna Jacques was not a tenant signed with HUD on her blood relatives contract, nor was she living on property with HUD’s client tenant under their six month non-tenant reprieve policy. Second, Anna Jacques, by Oklahoma Law, is not responsible for property damages unless direct cause can be proven nor responsible for property damages done by blood relatives. Third, and thus the most important key point, Anna Jacques’ blood relative was admitted to the hospital following a three day E.R. admitting testing and diagnosis of Respiratory Issues due to a long term exposure to hazardous living conditions.

To understand the concluding verdict of Anna Jacques’ being found not responsible for her blood relatives’ remaining lease duties and damages to the property we must take a look at some key factors, or rather, background information. One being the headline of several newsprints in Oklahoma “ Moore, Oklahoma Slammed by Five Tornadoes in Five Years” dated the year of 2015. To be clear, the damage began near Southwest 59th Street, Southwest 119th Street, and May Avenue in southwest Oklahoma City, moved through Moore, and ended about a 1/2 mile south-southeast of Northeast 36th Avenue and Indian Hills Road in far northern Norman.

This resulted in an apartment complex’s property damage. Several tenants found themselves flooding. Water levels outside were found to be at least ten to twelve feet high based on News9 reports on the storm. In one downstairs apartment, Anna Jacques' relative decided to evacuate the premises before the storm, and thus, the flooding hit. Upon the storm's ending, the properties Landlord decided to open the downstairs apartment doors that faced the flooded street and that had signs of storm damage in an attempt to let the flooding indoors flow out. This however, was a failed attempt.

Due to the higher levels outside than inside, more water flowed into the apartment, rather than out. Pictures taken by Anna Jacques’ relatives nanny cam showcases the water level before the opening of the apartment doors was to be at least six feet. The water level even covered the first five steps of the stairs of the two story townhouse. After the doors opened, the water level rose to eight and a half feet as the street had no drainage system in the event of flooding. Water levels remained for another three days before the city clean up and weather conditions warmed up enough to dry out the flooding. This caused water damage in the townhouse that was never properly cleaned by the Landlord.

This, along with maintenance failing to clean up active pipe flooding due to interconnecting water pipes, where if one pipe is clogged in A9 it causes pipe burst in A15 in the complex, causing mold to grow over the course of three years. Following this, the Summer of 2018, when temperatures reached double digits, Anna Jacques’ relatives air conditioning system broke and the Landlord refused to fix it. In this event, breathing in humid mold, Anna Jacques’ relative was declared deceased due to Respiratory Issues caused by negligence of the properties Landlord.

As the Landlord was solely responsible for the property damage due to failure to properly handle maintenance issues and storm drainages, Anna Jacques was found not responsible for her blood relatives, who had paid three months in advance rent prior to death, remaining lease duties and property damages. HUD had also declared the properties Landlord was in breach of contract due to failure to keep a tidy and healthy living property, revoked their right to renewal of contract, and removed their remaining tenant clients to a new property, and was not permitted to HUDs remaining lease rent balances.

Article by Desiree Bennett.