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Notice to quit Owner Change

Discussion in 'Other Residential Landlord & Tenant Issues' started by Rodney Drumm, Sep 5, 2015.

  1. Rodney Drumm

    Rodney Drumm Law Topic Starter New Member

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    Jurisdiction:
    Oklahoma
    Do I have to move because I was given a Notice to Quit by the landlord?
     
  2. army judge

    army judge Super Moderator

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    A notice to quit is simply a request by the landlord asking you to leave by a certain date.

    It, alone, has no legal significance.

    If you ignore it, and the landlord still wants you gone, he or she will have to then file an eviction action in the appropriate county court.

    The landlord will then have you served about the pending eviction lawsuit.

    That you ignore at your own peril, because if you fail to appear as ordreed, the landlord wins by default.

    If you appear, you tell your story, she or he tells their story, the judge decides.

    I suggest you try to fix what made the landlord upset enough to ask you to leave.
    At least try to negotiate a proper way out of this mess, because you don't want to ever be evicted, trust me.
    If you do get evicted, you'll find it impossible to find decent housing for decades.
    Your credit score will also take a very sever beating.

    Google "Eviction YOUR COUNTY, OK" to learn exactly how it works in your county.

    Meanwhile read this link by OK Legal Aid for a more detailed explanation:

    Welcome to Legal Aid Services of Oklahoma's guide to free legal help in Oklahoma.


    I just noticed you seem to be leasing a unit where the new owner wants you out.
    If that is true, the new owner must fully honor your lease.
    You don't have to leave until your lease is up.
    If you are living under a month to month tenancy, the landlord must give you statutory notice to vacate.

    In your state, if you are a month to month tenant, this is what the law says: Your landlord must give you 30 days notice to vacate. If the notice is given on June 15th, you are allowed to stay until July 31st. You must pay rent for July, if you elect to stay.

    Check Oklahoma state law (Okla. Stat. Ann. tit, 41 § 111) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice.

    One last thing on notice if you are in the middle of a lease. You can stay until the lease expires. Let's say your lease expires on June 30, 2016. The new landlord must honor that lease. If she wants you out sooner, she can offer you money to leave. The amount is what will make you happy, otherwise you can stay until your lease expires. The new landlord must honor your lease.

    You might have trouble retrieving your deposit when the lease ends, if the prior landlord didn't turn it over to the new landlord. Legally it isn't your problem, but it can often rear its ugly head.
     
    Michael Wechsler likes this.
  3. Rodney Drumm

    Rodney Drumm Law Topic Starter New Member

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    No lease. Verbal agreements to rent and upkeep to home.
     
  4. army judge

    army judge Super Moderator

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    There's a lease, if not written, your agreement falls to the state statute.
    In our law, no property agreements can exist orally, hence the state statute and a month to month tenancy, or what some call an "at will tenancy".

    The answer to your question is you should move, but only if you were given the proper 30 day notice as set forth under the statute.

    If you try to linger longer, the landlord can move to evict you.

    You want to avoid being evicted at all costs.

    The mere filing of an eviction action can make renting decent housing impossible for decades.


    More specificity is offered here and in the link in my previous response:




    https://www.ok.gov/OREC/documents/Landlord and Tenant Act Update.pdf
     
    Last edited: Sep 8, 2015

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