Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2006
    Location
    Oklahoma
    Posts
    6

    Default Year Lease-Yet Landlord Gave 30 Day Notice To Vacate

    State: Oklahoma

    I have a year lease (ends in Oct.) to reside in a home with my landlord/roommate. And today she gave me a 30 day notice to vacate citing that she was moving out of town and would be giving up the house. Can she do this??

    I told her to put it in writing, but now I'm thinking if I have to move before my lease is up that she should give me my deposit before my move date. Since this is unexpected and I don't have any money prepared for this. Can someone give me any advice??

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Your landlord owns the home in which you both live?

  3. #3
    Join Date
    Jan 2006
    Location
    Oklahoma
    Posts
    6

    Default

    No, she and her husband rent.

  4. #4
    Join Date
    Jan 2006
    Location
    Oklahoma
    Posts
    6

    Default

    Oh, she never said anything about giving up the house...I just assumed that. What she said exactly was that she was moving to her mothers to attend school and because her husband was planning on leaving the military.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    According to the Oklahoma State Bar,
    Quote Quoting Q: Can the landlord end my lease?
    A: If you have a lease with a specific expiration date, your landlord cannot evict you before that date unless you fail to pay rent, or otherwise default in some obligation under your lease which you fail to cure after receiving proper notice from the landlord.

    If you do not pay your rent within five days after written notice of your landlord's written demand for payment, your landlord may terminate your rental agreement.

    If you have a month-to-month lease or tenancy-at-will, the landlord can give you 30 days written notice, or you can give the landlord 30 days written notice to end the lease at any time.

    If you have a week-to-week lease, the same rule applies, but you need only give or receive one week's notice.
    Does the owner of the house know that you are a subtenant?

  6. #6
    Join Date
    Jan 2006
    Location
    Oklahoma
    Posts
    6

    Default

    I'm sorry I misinterperted your previous question. I took the question concerning if they owned the home as in- if the home was payed off. So yes I believe they own the home, which is why I don't believe she would just up and leave.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    You can review Oklahoma's landlord-tenant laws here. I asked about ownership as some states give greater eviction powers where the tenant is a lodger in the home owned by the landlord. Oklahoma appears to have a similar exception, but limited to rooming house-type arrangements as opposed to the type of lease you describe. (Oklahoma Statutes ยง41 104: "Unless created to avoid the application of this act, the following arrangements are not governed by this act: ... 4. Transient occupancy in a hotel, motel or other similar lodging".) I don't see anything in the law which would permit them to evict you merely because it is no longer convenient for them to honor your lease (which is not to rule out the possibility that I overlooked something).

  8. #8
    Join Date
    Jan 2006
    Location
    Oklahoma
    Posts
    6

    Default

    Thank you so much.

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: Gave Renewal Notice - Now Lease is Up and Landlord is Absent
    By Astrocyte in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-04-2011, 09:38 AM
  2. Rental Agreements: Tenant Only Gave 30 Days - Lease Stated Must Give 60 Days Notice to Vacate
    By newlandlord1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-22-2011, 01:08 PM
  3. Landlord Never Gave Lease or Co and Ive Been There Over 1 Year
    By thecraft35 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-10-2009, 06:03 PM
  4. Rental Agreements: Tenant Gave Notice Early for a 2 Year Lease
    By mc9402 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-22-2008, 04:59 AM
  5. Giving Notice: Doesn't A Notice To Vacate From Landlord End Lease Responsibilities?
    By drummerchick40 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-14-2007, 09:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources