Okla. Stat. tit. 41 § 122

Damage to or Destruction of Dwelling Unit - Rights and Duties of Tenant

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 10/1/1978OklahomaHabitability & Repair

Operative Text

Okla. Stat. tit. 41 § 122
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 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.
Source: Legislative text reproduced verbatim
Plain English

Under Oklahoma law at 41 O.S. § 122, when a dwelling unit is damaged or destroyed by fire or other casualty to the point that the tenant's enjoyment is substantially impaired — and the damage was not caused by the tenant, their household, or their guests or animals — the tenant has two options. The tenant may vacate entirely and terminate the rental agreement, or, if the unit remains partially habitable, stay and pay a reduced rent proportional to the loss in rental value. If the agreement is terminated under this provision, the landlord must return all applicable deposits and any prepaid, unearned rent, with accounting calculated from the date of the casualty.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under 41 O.S. § 122 generally track the cause of any fire or casualty damage carefully, since the tenant's rights under this provision apply only when the impairment is not attributable to the tenant, their household members, guests, or animals. When a tenant lawfully terminates under this section, compliant operators promptly return all security deposits recoverable under the act and any prepaid unearned rent, prorated from the date of the casualty. Operators who maintain partial-occupancy situations typically document the diminished fair rental value of the affected unit to support an accurate rent reduction calculation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

41 O.S. § 122 gives tenants whose homes are substantially damaged or destroyed by fire or other casualty — through no fault of their own — the right to either terminate the rental agreement by vacating and notifying the landlord in writing within one week, or to remain in any habitable portion of the unit at a proportionally reduced rent. If the agreement is terminated under this provision, tenants are entitled to the return of eligible deposits and all prepaid, unearned rent. Tenants who believe a landlord is not honoring these obligations may consider contacting a local tenant-rights organization, consulting an attorney, or exploring remedies available through Oklahoma's courts.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 1, 1978
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

41 O.S. § 132
41 O.S. § 115
41 O.S. § 121
41 O.S. § 116
41 O.S. § 126
41 O.S. § 116
41 O.S. § 132
41 O.S. § 118
41 O.S. § 118
41 O.S. § 126
41 O.S. § 127
41 O.S. § 111

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Oct 17, 2026, 10:07 PM UTC