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Oklahoma tenants caught between legal battle and deteriorating apartment conditions as water outages continue

Oklahoma tenants caught between legal battle and deteriorating apartment conditions as water outages continue
Oklahoma tenants caught between legal battle and deteriorating apartment conditions as water outages continue

Legal Aid says renters have few options when essential utilities fail, while property owners and consultants point to ongoing ownership disputes and plans for repair

Oklahoma tenants living without running water and other essential services have few legal protections under state law, according to a Legal Aid Services of Oklahoma attorney, as residents at multiple Oklahoma City apartment complexes continue reporting prolonged utility outages, mold, structural damage and deteriorating living conditions amid an ongoing legal dispute involving property ownership.

Residents at Tuscany Village, Muntage Apartments and other former Vesta Realty-managed properties have reported recurring water shutoffs, leaking roofs, broken windows and maintenance delays over the past several months. Some tenants say they have gone weeks without reliable access to running water.

Ashlee Barker, a staff attorney with Legal Aid Services of Oklahoma, said state law requires landlords to provide safe and habitable housing but offers tenants relatively few remedies when those obligations are not met.

"Tenants do not have a lot of rights in Oklahoma, especially when it comes to repair issues or utility issues," Barker said.

Emergency utility failures may allow tenants to terminate leases

Barker said tenants facing emergency conditions, such as losing running water, should notify their landlord in writing and may be able to terminate their lease immediately if the issue is not resolved.

"If we're talking about a utility cut off and the tenant doesn't have utility service, I think that would be considered an emergency," Barker said. "She could give written notice and leave immediately."

For less urgent maintenance issues, Barker said tenants should provide landlords a reasonable opportunity to complete repairs before pursuing additional legal remedies.

She also encouraged tenants experiencing unsafe housing conditions to document problems and keep copies of written communication with landlords.

Renters have additional options, but protections remain limited

Beyond terminating a lease, Barker said tenants may be able to file complaints with city code enforcement officials if apartments violate housing codes.

Under Oklahoma's Residential Landlord and Tenant Act, landlords are responsible for maintaining rental properties in a safe and habitable condition, including ensuring plumbing, heating, air conditioning and other essential systems function properly.

Tenants may also be able to withhold one month's rent while obtaining substitute services under limited circumstances outlined in state law.

Barker noted that residents living in federally subsidized housing may have additional protections beyond those available under Oklahoma law.

Families receive no additional legal protections

Although many of the affected residents include families with children and elderly tenants, Barker said Oklahoma law does not provide additional rights based on a tenant's age or family status.

"Unfortunately, it does not change if they have children," Barker said. "The tenants do not have a lot of rights."

She acknowledged that while tenants may legally terminate a lease in certain emergency situations, many lack the financial resources necessary to relocate.

Consultant says ownership transition has created confusion

Parker Detweiler, a YSA consultant brought in to oversee the transition of several Oklahoma apartment properties, said confusion over ownership and management has complicated efforts to address tenant concerns.

Detweiler said his group began managing properties in both Tulsa and Oklahoma City earlier this week but emphasized ownership and day-to-day operations remain legally complex.

"There's an owner and then there's a property manager," Detweiler said. "Vesta Realty is currently on site in Oklahoma City. That's where it currently stands."

Detweiler said the transition has been slowed by ongoing disputes surrounding the properties and that he is still working to determine when management changes will be fully implemented.

"I am trying to determine a timeline to take control," he said. "I continue to be in the position to fix the problems in Oklahoma City."

He said his team's immediate goal is to stabilize the properties and improve living conditions.

"Our goal is just to make habitable living conditions, get the properties performing and sold to long-term owners," Detweiler said. "Once we are operating the properties, all the money goes right back into the properties to fix them."

Consultant expresses sympathy for tenants

Asked about reports of a Tuscany Village resident living without water for nearly a month, Detweiler said he was still gathering information but acknowledged the hardship facing residents.

"I feel sorry for them," he said. "I know this is a horrible situation and I'm trying to fix it, but I'm not the one who created it."

Detweiler attributed many of the current issues to what he described as prior mismanagement and said his team is working to evaluate each property individually before determining long-term solutions.

He declined to provide a timeline for when all outstanding utility and maintenance issues would be resolved, saying the transition remains a "big undertaking."

Owner says financial problems worsened deteriorating conditions

Mark Kulick, owner of Vesta Realty, acknowledged ongoing problems at the Montage Apartments and said financial constraints prevented needed repairs.

"The situation at Montage has been atrocious," Kulick said.

Kulick said he and members of his family loaned approximately $4.3 million to the apartment complex in an effort to keep it operating but said rental income was insufficient to cover payroll, utilities and major infrastructure repairs.

"The rents are not enough to even run the property," he said. "Those pipes need a lot of work."

Kulick said he attempted to sell the property in late 2025 to a buyer backed by the property's lender but claimed the transaction could not proceed because of a legal dispute involving a secondary mortgage.

In mid July, the City of Oklahoma City says that it cutt off the water at the Muntage Apartments due to an unpaid utility bill of $122,087.33. The City of OKC says overall, Vesta Realty owes the city $154,530.35. However, as of July 22 the residents water was temporarily turned back on. In a letter to residents, OKC wrote:

"The Utilities Department has made the decision to temporarily restore water service while the account associated with this property remains delinquent and the situation is being addressed.

We recognize that many residents have continued to meet their rental obligations and should not be impacted by circumstances beyond their control.

Please note that restoring water service does not resolve the delinquent account. The City will continue working through the appropriate processes to address the outstanding balance."

Legal dispute complicates apartment ownership

Kulick blamed an ongoing lawsuit with YSA Investments for delaying transactions involving several apartment properties.

According to Kulick, the dispute has prevented financing, property sales and capital improvements that he said would have addressed deteriorating conditions.

"The losers in that are tenants first, but also innocent investors," Kulick said.

He described the legal battle as "the most painful experience of my life."

Water outages affect residents during legal fight

While acknowledging residents' frustrations, Kulick said property management attempted to relocate tenants affected by utility outages.

"I think you cannot expect somebody to live in that situation," Kulick said. "We did offer transfers to other properties and did offer some compensation for transfers."

Kulick said he had recently responded to at least one tenant reporting ongoing water issues at Tuscany Village and planned to continue following up with affected residents.

He said not every apartment building within affected complexes experienced water outages simultaneously and that some plumbing failures involved isolated sections of older buildings.

Future plans differ for affected apartment complexes

Kulick said the long-term outlook varies by property.

For Tuscany Village, he said plans include a proposed $4 million recapitalization once ownership issues are resolved.

"As soon as the title is cleared up, we plan to execute a $4 million recapitalization," he said.

For Muntage Apartments, Kulick said he has agreed to place the property under a court-appointed receiver controlled by the senior lender, which he believes will allow new management to stabilize operations.

Residents there would ultimately work with the lender or a future owner once the receivership is finalized, he said.

Tenants encouraged to seek legal assistance

Legal advocates recommend tenants experiencing unsafe or uninhabitable housing conditions document maintenance issues, provide written notice to landlords and contact local code enforcement officials if housing conditions violate city ordinances.

For renters who qualify financially, Legal Aid Services of Oklahoma provides free civil legal assistance involving housing disputes, consumer matters and other civil legal issues.

As litigation surrounding several apartment properties continues, many residents remain waiting for permanent repairs while navigating Oklahoma's limited tenant protections.

Who to share concerns with

If tenants have any concerns,stories or problems; YSA says to reach out via [email protected] so the company can remidy the problem.

Vesta says reach out to its company for apartment issues at [email protected] email address. "Please feel free to forward any concerns to that email,"Kulick said.

Read full story on Oklahoma’s Own News 9

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