Legal Question in Real Estate Law in Oklahoma

Re: eviction of person(s) where no rental agreement exists

You do have a rental agreement. It is just not in written form. The fact that the tenant continues to pay you rent and you accept it constitutes a verbal lease. If we are talking about a lease on an appartment or house as opposed to a roomer, the lease is considered month-to-month. You may terminate a month-to-month lease by giving a thirty day notice of lease termination which must be personally served on the Tenant or delivered to a family member residing therein who is at least 12 years of age. If you are unable to do this you may post a copy of the Notice of Termination on the door but you must follow it up with a copy mailed by certified mail to the tenant. The statute does not require that the tenant must sign for the certified mail so do not put that requirement on the certified mailing. Ask for a return receipt of delivery but not restricted to adressee only. The Notice must state the date that the lease terminates which must be at least thirty days from the date that notice is served. If the tenant fails to move then you go to the court clerks office and they will normally help you fill out the paperwork necessary for the court to hear an eviction claim against the tenant. If you have followed the correct procedures the court should give you judgment for possession which you can then obtain a Writ of Assistance for the Sheriff to help move the tenant out. In court do not get bogged down in any other issues about rent or other side issues since you are only intersted in the court making a determination that you had a right to terminate the lease and that right is not based on anything other than the fact that you do not wish to rent to the tenant any longer for whatever reason or no reason at all. Now if you are wanting to collect rent, you can ask for past due rent in the eviction paperwork that the court clerk will help you fill out. If this tenant is just behind on rent and you want your rent and to get his attention to pay on time you can serve him a notice of past due rent and demand for possession with notice that it must be paid within 5 days of the notice. If not paid, go to the court clerk's office and fill out eviction papers.

Usually, if I want someone out, I just give a 30 day notice even if they owe some rent. The reason is that I have a right to terminate the lease. Sometimes judges get confused if you have given a thirty day notice and a 5 day notice for failure to pay, if the tenant comes in to court and says he has the money to pay the rent. It should not affect you 30 day termination but I have seen it happen too many times that the court makes you accept the money and doesnt give you possession of the property.