Legal Question in Landlord & Tenant Law in Oklahoma
We signed a month to month agreement on 3/9/2012. Landlord (LL) verbally agreed to leave on the electric until our payday at 12pm on 3/16/2012. On 3/16/2012 an electric rep showed to shut off electric, (not an issue with us!) but was unable to get into backyard per LL, (still don't know why, everyone else can) no one was at home, so electric rep called LL, at 10:30 am LL called me EXTREMELY MAD because no one answered the door and also because we hadn't put in an order for electric service. Electric Co. said without $ for deposit, we couldn't put in an order for service, (no $$$, this is why we asked if she would leave electric on until 3/16)! The LL never told us we had to be home when rep showed up, besides elec reps said to shut off elec. no one NEEDED be there. Paid at noon and went to elec office at that time just like we told her we'd do. At 2:30 or so, found an eviction notice taped to front door giving us until 3/21/2012 to vacate. LL/Tenant Laws says LL must also mail one to tenant, we haven't rec. one. Also says that if tentant resolves issue within 10 days, eviction is void. Issue was resolved same day. Eviction Reason-NON TRANSFER OF UTILITIES AS STATED IN THE LEASE AGREEMENT. There is NOT one thing in the agreement about transfer of utilities. We told her we would be moved by 4/7/2012. On 3/27/2012 was served with court summons for eviction. On the affidavit served with summons, it says DEFENDANT IS INDEBTED TO THE PLANTIFF IN THE SUM OF $600.00 FOR RENT, PLANTIFF HAS DEMANDED PAYMENT OF SAID SUM(S) BUT THE DEFENDANT REFUSED TO PAY THE SAME...LL prorated Mar. rent, we paid on the 9th for 3/9 through 3/31, shouldn't owe until 4/1/2012. Two different evictions both have different reasons and both are false. First of all if we never received the mailed version of the eviction and even though reason for eviction isn't in agreement, we complied with reasoning for eviction. We moved by 4/1/12. ALSO.. LL had house for sale, asked to show it to possible buyer, we left while realtor and LL was showing property. Rec. voicemail (now deleted) yelling that we left storage door open wind blew it and damaged it, that we were going to pay big time, that the house smelt like dog pee (first of all we don't let him in at all, second there is nothing in agreement about dog not allowed in) and that we needed to get the hell out of her house. HER WORDS! We came home to find our dog house thrown into yard and broke, we asked LL about it, LL says dog wasn't allowed on porch. ??? LL never said anything about dog not being allowed on porch, and it isn't in the agreement.
I understand on a month to month tenancy, LL or tenant can end agreement without a reason, with a 30 day written notice. LL gave a 7 day eviction with an invalid reason. Is this legal? Since we complied, should eviction be void? If LL still wanted to evict, wouldnt LL need to re-serve another eviction before filing in court?
ALSO...whether the eviction is legal or not, LL evicted us, so we assumed we didn't need to send LL a 30 day tenant to landlord notice to vacate. Should we have anyway?
ALSO...We've moved, we would like the LL to stop eviction procedings so it isn't on credit report. Can she? We want to go court to fight this, but wanted some advice before hand on whether we are in the right or not. Don't want to look stupid. ALSO.. can we counter sue for anything (if we win I guess). Moving 1x is stressful enough but 2x in 3 weeks while with high risk pregnacy and 2 year old. He will have to take off of work as well as his co-worker (he is witness to damages).
1 Answer from Attorneys
This is an illegal eviction and everything else is harassment. It is highly recommended that you take the above information and this entire matter before a judge.
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Can landlord give 30 day notice and end Rent to own contract without reason Asked 2/07/12, 8:55 pm in United States Oklahoma Landlord & Tenants