Year Lease-Yet Landlord Gave 30 Day Notice To Vacate

[Ladylv]

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??

[aaron]

Your landlord owns the home in which you both live?

[Ladylv]

No, she and her husband rent.

[Ladylv]

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.

[aaron]

According to the Oklahoma State Bar,

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?

[Ladylv]

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.

[aaron]

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 §41 104: "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).

[Ladylv]

Thank you so much.