John Dunn
Tulsa -
918.526.8000

Mannford - 918.865.8030

 

Some have described me as “unwavering” when it comes to principles. Others say that I exhibit the trait of "loyalty to a fault" or that I am "utterly relentless” when pursuing an objective. As your attorney, I promise to be a loyal advocate and to be unwavering in the pursuit of your goals. I am a zealous advocate that does not shy away from conflict and litigation. I believe that the strongest weapon that an attorney can have is knowledge of his case. I will aggressively prepare your case for litigation while attempting to resolve the issues on favorable terms - a kind of "peace through strength" approach to the practice of law.

 

 

 
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Our firm represents Landlords in these kinds of disputes.  Generally speaking the law provides you with remedies that are intended to preserve your property and allow you to collect monies that are owed for past due rent or of damages.  Where the landlord will tend to get into trouble is when they  take extra-judicial actions that are not permitted by law.  There are several kinds of disputes that arise between landlords and tenants.  While this is primarily a contract dispute, often times, these matters are further complicated because one party or the other will attempt to obtain a remedy that is simply not allowed by the Landlord Tenant Act.  

Are You the Landlord?

The first part of any dispute is the terms of your contact and the requirements of statute.  You have the right to control your property within the bounds of the law and your contract with the renter.  You have the responsibility to provide a dwelling that is "habitable" and conforming with the terms of your lease.  You must perform routine maintenance.  You are entitled to receive rent and an expectation that your property will be well maintained by the tenant.  You are required to return the security deposit to the tenant upon surrender of the property, less any repairs or cleaning that the tenant was obligated to perform.  Should the tenant breach the agreement or should the lease expire, you may reclaim the property.  If the tenant will not voluntarily vacate the premises, you are entitled to possession of the property and any back rent that is owed.  This is commonly called an "FED Action" or a "Forcible Entry and Detainer" action.  The biggest problem that most landlords expose themselves to is when they take the law into their own hands and exceed the steps that they can take to reclaim the property.  Don't fall into that trap.  Call us and let us assist you with the recovery of the property within the bounds of the law.

It is a popular myth that the tenant can withhold all of the rent if the rental agreement is breached.  Under Oklahoma law that is simply not true.  At the same time there is another myth that the tenant can have any necessary repairs completed and deduct the full amount of the repairs from the rent.  Again that is totally untrue.  Under Oklahoma law, the tenant can only withhold a maximum of $100.00 from the rent - a receipt showing the amount withheld was spent at the residence must have been provided to the landlord.  Further, the tenant must have served notice to the landlord and given the landlord a reasonable time to repair the problem.  If there are significant problems with the problem, you can either reduce the rent by diminished value of the property, or serve notice and move out.  It is important to note that the law requires that all notices be in writing!

A landlord may not take the tenant's property, lock them out, or "freeze them out" by shutting off utilities.  One of the ways that mane of these kinds of disputes starts is when landlords exceed the bounds of the remedies they are permitted to pursue under law. 

If you are a landlord, it is a good idea to have an attorney available to advise you and assist you with evictions and collections that are sometimes the unpleasant side of being in this kind of business.  If you are a landlord and you don't presently have legal counsel, please don't hesitate to contact our office.

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

 

 

 

Mr. Dunn is a Tulsa Family Attorney who is equipped to handle almost any aspect family law.  Mr. Dunn handles divorces of all levels of conflict and complication, child custody and child support issues and represents his clients in both state and administrative court.  Mr. Dunn handles child support enforcement actions, adoption, paternity suits to establish child support and visitation, child custody cases.  Mr. Dunn practices in the area of guardianships and adoption. 

If you need an experienced  Tulsa Family Lawyer, please contact John Dunn.  His knowledge as a family attorney is vast and invaluable.

 

 

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