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    okbjj's Avatar
    okbjj Posts: 5, Reputation: 1
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    #1

    Jul 8, 2009, 06:27 PM
    Living in a house my dads owns no lease no rent and am being asked to move.
    First off I will tell you I am in the state of Oklahoma. My wife, myself, and my daughter live in a house my father owns. It is on his property right across the driveway from his house he occupies. I have lived there since 9/2005... My wife since 01/2006. My daughter is two and a half. The only exception is from May/2008-December/2008 we lived briefly in another state but moved back. We have never signed a lease, we get all our mail here. The only verbal agreement we have is for us to pay the utilities (electric and gas) every month.

    Me and my father had a falling out over something very stupid and his wife (my stepmother) took exception to it and has determined that we have to move out. She told me today that we had two weeks to be out. I told her that we planned to be out by the end of the month. She responded that we had to leave in two weeks no exceptions.

    I did a lot of research and it seems we are considered "Tenants" by state definition therefore I believe we are allowed the courtesy of a 30 day written notice (which I have not received).

    I guess my question is what is my status? If there is no lease it seems the Landlord in this case has lots of wiggle room with all of the sudden saying I owe rent at a current fair market price and that I haven't paid it ever! Lol I also am afraid of somehow being considered a "week to week" tenant under Oklahoma law.

    Again I pay the utilities every month and am up to date. In my opinion they are just being vengeful and I want to make sure my family and I don't get thrown out illegally and put in a bad spot. Can someone please help me? Thanks!
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #2

    Jul 8, 2009, 06:39 PM

    From what I looked up Oklahoma requires a 4 day eviction notice. It has to be in writing. Then if you do not leave they have to go to have you formally evicted by the court which would be another 4 day eviction notice.
    If they evict you without proper procedure you can sue them
    okbjj's Avatar
    okbjj Posts: 5, Reputation: 1
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    #3

    Jul 8, 2009, 06:45 PM

    I did not see anything about four days..
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #4

    Jul 8, 2009, 06:57 PM

    I looked it up again and this is the 30 day eviction. I think there is a 4 day for something else.

    IDK because I am trying to see where the Oklahoma specific eviction days are.

    3. For termination of tenancy This is used to end a periodic tenancy. In general, this type of notice requires the landlord to give the tenant a 30-day advance warning that the tenancy is being ended. Some states require that a 60-day notice be given to tenants who have been in residence for over a year.

    The Eviction Procedure: When & How to File Eviction - ezLandlordForms.com
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Jul 8, 2009, 07:07 PM
    You are considered a month-to-month tenant. The landlord must give you 30 days written notice in order to terminate your tenancy. If you haven't moved out at the end of the 30 day period then the landlord has to file a lawsuit to evict you.

    If they try to change the locks before a judge has granted a judgment for eviction, call the police.
    okbjj's Avatar
    okbjj Posts: 5, Reputation: 1
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    #6

    Jul 8, 2009, 07:19 PM

    Thank you so much... you guys made it easier for my family to sleep a little easier tonight.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Jul 8, 2009, 07:23 PM
    Good luck!
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #8

    Jul 8, 2009, 07:25 PM
    I also found this which also says 30 days


    4th page down

    Notice before commencement of action.
    The Oklahoma Landlord and Tenant Act provides that the
    Landlord must give thirty days' written notice to terminate a
    Month-to-month tenancy or a tenancy at will. 41 Okl.St. 111.A.
    Thirty days' notice is also required to terminate the tenancy for
    Material noncompliance --
    http://www.hud.gov/offices/adm/hudcl...H-0021LOPS.pdf

    So that should be 30 days from the court order
    okbjj's Avatar
    okbjj Posts: 5, Reputation: 1
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    #9

    Jul 8, 2009, 07:59 PM

    Thanks again, I owe you guys a lawn mowing or lunch. I am still looking for loopholes that could affect us.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Jul 9, 2009, 04:59 PM

    Hello ok:

    Ain't no loopholes - THEY own it... But, how about making an offer on it? That'll throw 'em for a loop.

    excon
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #11

    Jul 9, 2009, 05:02 PM

    I was thinking that too. If you can apologize to dad and offer xx amount a month besides the utilities they may reconsider.

    At least now you know you have to be legally given 30 day notice.
    okbjj's Avatar
    okbjj Posts: 5, Reputation: 1
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    #12

    Jul 9, 2009, 08:18 PM

    I wouldn't mind paying them rent or outright buying it but living here gives them someone to bully around and make the center of their attention (mostly negative). I moved back with them to make it easier to finish my degree and because it broke my heart to see how much they missed my daughter.

    Oh well... its better to live on our own. 500 bucks a month is not a bad price to pay for basic dignity. Sorry to bore you with my life story and thanks for the help! And yes at least I know now and I have yet to get any notice lol.
    s_cianci's Avatar
    s_cianci Posts: 5,473, Reputation: 760
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    #13

    Jul 9, 2009, 08:49 PM
    I think you're right on with the 30-day notice.

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