Lindsey Management Co. Company will not obey Oklahoma law, wants to collect double rent on apartment. Fayetteville Arkansas

Oklahoma law states in the "Oklahoma Landlord and Tenant Act" that a Landlord may not collect double rent on any rental unit. Due to a torn achilles tendon and the need for surgery, I was forced to go on short term disability at my job. The apartment complex where I lived had 2 handicap parking places for my building, which were not very close to my apartment and always taken. I was 68 at the time and fell in the parking lot trying to get to my apartment one evening. I told the management that I was having a difficult time financially & physically and was going to have to move in with my son. I told them I would try and get someone to take over my remaining 7 months (I had been there nearly 1 1/2 years). I realize that they are not responsible for my situation; therefore, when I moved I knew it would be my responsibility to forfeit the deposit, clean and make any repairs and pay the rent up and until a new tenant moved in. I had the apartment spotlessly cleaned when I moved out. The complex (The Greens at Broken Arrow Phase III) had furnished me some paint when I moved in to fix a place they had missed; so I used the paint to touch up any corners or areas that had been bumped. In my lease, I was due one carpet cleaning per year, which they had not done and when I called to pay my water bill I was told to consult management because all water, sewer, trash pick-up went through them. My bill was usually around $18.00 to $20.00.

I paid The Greens of BA III with a cashier's check the amounts on the invoice they sent me up to the date I delivered the keys, which was October 15, 2013. They charged me for carpet cleaning, painting, a $59 water bill, one late fee-for October and $12 for drip pans for the kitchen range. There was no painting done, they owed me the carpet cleaning and way overcharged for the water bill...BUT, I paid it - no hard feelings. They kept the $250 deposit, which is fair because I moved out early. My complaint is: When I called to tell them I had someone who wanted to take over my lease they said it was too late, I had already moved out. I asked if they had rented it and they wouldn't tell me. I went by the apartment a couple of days later and there were people moving in. I stopped to talk to them and asked when they had leased it and was told October 16, 2013. Therefore, the complex did not lose any rent on the unit. Also, I have a letter from the management company stating that I had left the apartment in very good condition. All they had to do was change the drip pans and clean the carpet. Lindsey Management for The Greens at Broken Arrow III, 2101 E. Omaha St., Broken Arrow, Oklahoma, turned a bill of approx. $2,600 over to S W Credit Systems for collection against me. Every contract has a disclaimer paragraph in it stating that if any of the terms and conditions are contrary to the law and unenforceable that that portion of the contract shall not negate the rest of the terms and conditions. The contract I signed has such a paragraph. #39. GOVERNING LAW. This Lease Contract shall be governed by the laws of the State of Oklahoma. The Oklahoma Landlord & Tenant Act states (regarding a tenant vacating early) in Article 129, Paragraph B "...If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy". I sent certified letters containing the 1)invoice 2)a copy of my Cashier's Check $671.79 3)a copy of the Oklahoma Landlord and Tenant Act with the Article 129 and Paragraph B highlighted. I had an attorney call Lindsey Management in Fayetteville, AR (he had to leave a message, but it was detailed) although no one has responded. I have not hired the attorney as yet because I would rather the company just do the right thing and obey the law.