Legal Question in Landlord & Tenant Law in Oklahoma

leaser 'skipped town'

I have a piece of property that was being leased out as a restaurant. The leaser has skipped town, and I'm unable to locate him. Last I heard he was in either Italy or Iraq. He has not payed rent in two months, and last time I had someone check he had vacated the building, took all of his equipment (and even of some of ours). I have sent a certified letter to the last known address, and have not heard back. So my question is, what do I need to do exercise the default clause on the lease that we both signed?

Per the contract, I should be entitled to the remaining rent left on the lease, but seeing how I can't even locate the person, I'm giving up on him, and just would like to be able to go on and re let the place or sell the building.

Is there some official document that needs to be filed or is the contract just considered defaulted now that I can't locate the leaser and I can go on and do something else with the building?


Asked on 1/30/08, 6:30 pm

2 Answers from Attorneys
Marsha Dixon

Re: leaser 'skipped town'

To add your previous answer, you may serve notice of intent to evict by public newspaper or publication. The attorney that you hire should be able to guide you through the process.

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Answered on 3/09/08, 1:47 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: leaser 'skipped town'

Landlord-tenant law is rife with land mines for the unwary. In this situation you need to hire a lawyer and evict the absentee lessee. You need to mitigate your damages. If the person is in Iraq due to military service, your claims against him may be stayed by the Soldiers and Sailors Civil Relief Act.

For obvious reasons, you want to hire a lawyer to help you with this.

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Answered on 1/31/08, 9:34 am


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