My landlord locked me out for abandonment. I'm still paying rent and utilities. Did I abandon?

[albanwr26]

OK, so here's the whole story. I moved into a small house in July. There are 2 wall air conditioners, but one didn't work, so I asked her to fix it. She said she would but never did. Also, the back door was very hard to close and would sometimes come open randomly because of a damaged door frame which she also said she would fix and never did. She left food for stray cats outside my house, and because of that, I had skunks living underneath my house and various other animals would come out at night and climb on my roof. In January I got a promotion at my job and I was transferred 30 min away, and had a friend that lived there that wanted me to move in with her. I called my landlord and asked her if we could make a deal so I could break the lease 4 months early (as I had already paid Feb rent). At first she said no, but she couldn't stop me from leaving and she would try to find someone else to move in. I moved my small stuff out right away and started staying at my friend's house, but I continued to pay for the utilities. It took me a while to find someone with a truck that would help me move the furniture, but I finally did toward the end of Feb. Around this time, she offered to let me buy out the contract for $700 which was half of the rent due for the rest of the lease. I asked if we could take part of that out of the damage deposit (which is $750) even though I know that's not what it's for. She said no, so I said I'd have to keep paying rent because I didn't have $700 to give her. I went to gather the last few things on March 1st and she changed the locks on me and she said I abandoned even though I already paid the rent for March. I've done some research, and I don't think it's considered abandonment unless I stop paying rent or utilities. The first thing I did was put a stop service request on the gas because I don't want to pay for gas on a place I can't even get into. She called me and said if the pipes freeze, I am liable for the damage. So, my questions are: Based on Oklahoma law, Did I abandon the premises even though I was still paying rent and gas and still had stuff there? Also, I had planned on making a few small repairs that she will now probably charge me an arm and a leg for. I was also unable to clean the house which she's also going to charge me for. She may even charge me for having to remove my stuff. Is what she did legal? I know in some states you have to get a court order before you can lock out a tenant and you must provide notice. Please help, and please don't answer if you don't really know. The tenant laws are tricky.

[dubh35]

She performed a constructive eviction, which is flat-out illegal in all states. Even if you had "abandoned" the rental unit, she cannot change the locks or touch your possessions until she has a court order in hand. As long as you are current in rent, it doesn't matter if you are physically there. She is right about the pipes freezing, but she doesn't have any recourse until damage is actually done. From what you stated, she has not suffered any damages, and therefore had no right to evict you.

You still had a valid lease, and you were not violating it if you paid rent in full and on time. You need to sue for wrongful eviction. This isn't even an "abandonment" issue because you were current on rent. Call the cops to let you in and get your stuff. It is theft if she doesn't let you retrieve your belongings.

EDIT: Agree with "the kid" in that you probably didn't have a valid reason to break your lease. AZ is the only state that requires A/C; the door thing might have violated safety statutes, though. This differs state-to-state.

However, all of your reasonings and whether or not the lease break was valid is all irrelevant. She performed an illegal eviction, and she needs to be sued for it. Call the cops for your stuff, then take her to court. You could try coming to an understanding with her that you will not sue her sorry *** if she lets you out of the lease without penalty, but make sure you get any agreement in writing.

[seager]

AC is not a requirement for the LL to provide.

If you paid rent and never gave notice to vacate, she cannot lock you out. Call the police.

[jamilah38]

Not sure about Oklahoma law, but if certain terms were outlined (written down on paper) and you didn't follow them to a T, then probably you did abandon the place. But I would look for a free volunteer lawyers hotline in your area or contact a real estate lawyer if you have money.

[sceley]

I don't care what state you're living in... If you're still paying the rent, and the utilities, it is not considered abandonment, as your landlord claims. I have also never heard of someone getting the locks changed without an eviction order from a court... You are also supposed to have received legal notification of an eviction, long before a court will issue an order of eviction.

[iomar]

you did NOT abandon the house. You paid rent and utilities. And until the lease is up, she can't just talk the property. She broke the lease and because of this, you have grounds to move out and not owe her any additional rent.