Legal Question in Real Estate Law in Oklahoma
Am I bound to a lease if I break it and the landlord tries to sell the property?
I signed a 12-month term lease about 8 months ago and I have since taken a job out of state. Prior to my family and I leaving, I gave a 2 month - approximately 61 day notice. The lease that I entered into with the landlord didn't have a early breakage clause which to my knowledge causes court law to then refer to the Oklahoma Residential Landlord and Tenant Act. In the Act, it specifies that it is the lessors responsibiltiy to immediately begin attempting to release the property once the lessee gives their notice. My questions are what period of time qualifies as immediately attempting to release? Is there a particular qualifier that states what is proper advertising in attempt to release the property. Finally, if the landlord decides to sell the property instead of releasing it am I still bound to the lease agreement understanding that it could take an extended period of time before it's sold?
1 Answer from Attorneys
Re: Am I bound to a lease if I break it and the landlord tries to sell the prope
Thank you for your question. A landlord is required to use reasonable efforts to make the unit available for rental once he has notice of a tenants abandonment of the lease. "Reasonable(ness)" is dependent upon the circumstances and is a fact question which must be resolved by the court. Making a unit available might involve cleaning, painting, carpet cleaning, advertising and posting notice of vacancy. The statute does not specify in what manner the landlord must make the unit available. Only that the efforts be reasonable. If the property is sold the rental agreement remains viable unless your agreement provides otherwise. I hope this has helped you. Please visit my web site at www.urgentlegalcare.com.
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