Tulsa, Oklahoma real property lawyers represented the parties in a landlord and tenant dispute.



Landlord Caleb "Cal" Morris, III sued his former Tenants, Derrick and Morgan Behrens, husband and wife. On an action brought in the Tulsa County small claims court to recover the cost of damages he alleges Defendants caused to his rental home. After a remote trial in which Defendants' counsel was not a participant, the trial court awarded Plailntiff $6,366.04 in damages. Defendants petitioned the court for a new trial pursuant to 12 O.S. §651. A new trial was granted and was heard on September 23, 2020. The trial court again awarded Plaintiff damages, this time in the amount of $1,117.96. Appellant timely appealed and contends that the trial court's September 24, 2020 Journal Entry of Judgment, which awarded Appellant just $1,117.96, is based on reversible error, including: an erroneous interpretation and application of the Oklahoma Residential Landlord and Tenant Act ("ORLTA"); an erroneous interpretation and application of the Oklahoma Evidence Code ("Evidence Code"); and an abused discretion. Because we agree with the trial court's interpretation and application of the controlling statutes, and find no evidence of an abused discretion, we affirm the September 24, 2020 Journal Entry of Judgment.



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Title 41, Section 132 of the Oklahoma Statutes, in pertinent part, reads:



Except as otherwise provided in the [ORLTA], if there is a noncompliance by the tenant with the rental agreement or with Section 127 of this title which noncompliance can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) days after written notice [is] served . . . specifying the breach and requiring that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and thereafter submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment.



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Plaintiff contended that the trial court's damages award is based upon an erroneous interpretation and application of the Evidence Code, especially the rules, and exceptions, governing hearsay. See 12 O.S. §§2810 et seq. Plaintiff contended that the trial court's decision was "contrary to a governing principle of law," and also manifests an abused judicial discretion. Curry v. Streater, 2009 OK 5, ¶ 8. Despite the trial court's oral statements, which (incorrectly) indicated all Plaintiff's evidence was hearsay.

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Judgment in favor of Plaintiff for $1,117.96.



Affirmed on appeal.