[Oklahoma] Landlord threatening to take us to small claims court with 10 months left on lease

Landlord Tenant Housing

So we're having problems with our landlord, most specifically and time sensitive being that she threatened at to take us (myself, my boyfriend, and our roommate) to small claims court for over $2000 three months into our 12-month lease. I think it should be noted that our landlord said repeatedly that with no knowledge of how to “flip” a house, she took the house down to its studs and redid it herself.

I found the lease she copied from online (http://www.brooksideacres.org/LEASE.pdf), which we did all sign, but did not realize that she had screwed us in it (as specific as nothing allowed on walls). It is also from PA where some laws are different; such as not giving notice before entering our premises. Her grievances were as follows:

  1. Window AC unit: is has since been removed with no damage to the window
  2. Hanging things on the wall--these include photos, a mirror, and shelves in the living room: these have also all since been removed and the holes have been filled and paint will be applied as soon as it's dry. She saw these when repairing the floor (see #4) and took photos. When asked (via text) if anything was wrong she said: "Everything is fine." Never heard anything again.
  3. Plumbing costs: a plumber came out one month into our lease because when we ran the washer it was flooding the garage. Our lease states that if it is due to anything other than "roots or defective plumbing" it is our responsibility. I have a voicemail from her saying she had scheduled the appointment and that she was leaving a check. The plumber said nothing to my boyfriend who was the only one there about it. This was the last we heard about plumbing from 4/18 until 6/1. I have since been able to verify online that his plumbing license is currently expired. She brought us the original work order with no mention of feminine products as well as a letter dated almost a month later (5/5) which says “tampons” all throughout as the reasoning
  4. Cost to completely replace flooring—this is based on an online estimate from Home Depot (~$1750). The laminate 'wood' flooring had a small bubble when we moved in but she had done most of the remodel herself and we assumed it was just a weird install. Around 4/24 we reached out to the landlord because the bubble had gotten bigger. She came over, spliced into the wood and put a wooden divider in. Again, we did not hear about this repair being a problem until June 1st.

Fast forward to June 1st. She comes for her rent check and tells us she is taking us to small claims court to the tune of over $2000. This is apparently for an estimate to replace the entire room flooring, the plumber which was ~$550 and then to 'repair her walls.' The larger two expenses were never expressed and we had intended on patching the walls upon move out anyway. She claims she has a written statement from her plumber (who she's worked with before) saying that feminine products were pulled from the pipes but that was never expressed to us as the problem nor mentioned in the month and a half since the plumber had come. This is expanded upon in numbers 3 and 4 above.

It seems to us that after a misunderstanding about our rent due date on May 1st where our landlord was very upset with us, she decided to compile this ‘case’ against us. We had a text conversation before move in about making rent due on the 10th, precisely why we chose that move in date and she verbally agreed. However, she changed it in the lease and we signed it; our fault. After arguing over the phone she was paid in full and on time but was certainly not happy with us.


Below is a timeline that we have pieced together for further reading/understanding. Skip to the bottom if you don't want to wade through it!

February 20: looked at house for the first time; were given verbal permission to hang things on wall

March 1: paid $1100 for pet and security deposits

March 7: given keys early and we began to move things in

March 8: landlord installed multiple extension cords in master bedroom as 'solution' to not having the correct outlets in the room

March 10: official move in date, paid $830.56 for pro-rated March rent

March 12: landlord installed ANOTHER extension cord and power strip because there was no outlet in master (half) bathroom; called it a "temporary fix" when it was pointed out that this was unsafe

March 29: we put shelves up in living area above TV

April 1: paid $1100 for April's rent--we thought it was early because we had verbally/text agreed to have rent on the 10th; landlord worked on backyard to prevent standing water around back door

April 8: landlord and son finished work in backyard

April 13: Airco installed bathroom outlet, first sign of water in the garage

April 15: landlord came to fix the leak in the garage; said it was from the rain and came from the roof. She said the problem was fixed

April 17: notified landlord that there was more water in the garage

April 18: Received voicemail about plumber coming as well as her leaving a blank check for payment--plumber came later that day; Airco came to fix sheetrock damage

April 22: installed smoke detectors and verbally admitted that this was an offense that we could have broken the lease over

April 24: We sent text about floor in living area/hall was swelling, landlord brought fans because she assumed it was related to water from garage

April 27: follow up text about floors and mention of spider problem

April 29: came to fix doors that wouldn't close and the floor repair with trim piece

May 1: misunderstanding about rent but paid in full $1100 for May's rent, mentioned bug problem

May 5: We sent another text about spiders (brown recluse sighting)

May 6: came to spray for bugs, took photos of floor with measurements (for future estimate on replacing) and shelves; when asked if anything was wrong via text she said "nothing wrong with the house"

June 1: paid $1100 for June rent and 'small claims notice', irate demanding we sign the lease, verbally said nails were okay but not screws

June 2-4: all infractions regarding lease fixed

June 4: landlord insisted on coming to spray for bugs again, brought with her the papers from the plumber as well as copies of her previous water bills

How do we proceed? Does she have a leg to stand on? She has violated a few state laws I am positive (the lease, for instance, says she may enter the property whenever she wants but Oklahoma law says must have written notice 1 day in advance/the smoke alarms not being put in/ the electrical work) but I understand we signed a lease.

We will be showing up to court when she files just trying to understand everything we can on what to expect and what we can do to prepare! Thank you in advance!

Posted Jun 3, 2017, 5:27 PM UTC · edited

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