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How can I terminate tenancy when the tenants have absconded?

How can I terminate tenancy when the tenants have absconded?

Q: Can a landlord evict one spouse and not the other?

In Oklahoma, a landlord generally cannot evict one spouse without evicting the other if both are listed on the lease. Both spouses typically have equal rights to the rental property. If only one spouse is on the lease, the landlord may have grounds to evict that individual, but the process must still follow legal procedures.

Full question:

I have rented out my apartment to a couple at Oklahoma. They have been staying there for the last three years. But the last two months, they have not been seen or heard by anybody. Also, they have not paid the rent for three months. I am afraid they have absconded. Is there any way I can terminate the tenancy?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Oklahoma

Answer:

A landlord may provide the tenant a notice to terminate tenancy allowing thirty days as required by law and specifying the date on which the tenancy will end. He may even provide less notice if the tenant has not paid the rent or has violated the terms of the rental agreement.

Per Title 41, Oklahoma Statutes §9:

“The notice to terminate the tenancy required in this chapter may be served on the tenant, or, if he cannot be found, by delivering the same to some person over the age of twelve (12) years, residing on the premises, having first made known to such person the contents thereof; or, if service cannot be made by the use of reasonable diligence on the tenant or on any person over the age of twelve (12) years residing on the premises, the same may be served by posting said notice at some conspicuous place on the building on said premises and if there be no buildings on said premises then said notice shall be posted at some conspicuous place on said premises and if said notice is posted, a copy of said notice shall be mailed to the tenant at his last-known address by registered mail and such notice shall operate to terminate the tenancy at the end of the period after the date of such posting and mailing that it would have been terminated by personal service of such notice on the date of such posting and mailing; provided, that in no event shall such posting and mailing terminate any tenancy within a period of less than ten (10) days from the date of such posting and mailing.”

Therefore, if the tenant is not found, you may terminate the tenancy by serving a notice to some person over the age of twelve years, residing on the premises, having first made known to such person or a copy of the notice shall be mailed to the tenant at his last known address and mailing that it would have been terminated by personal service of such notice on the date of such posting and mailing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between a guest and a tenant in Oklahoma?

In Oklahoma, a guest is someone who stays temporarily in a rental property without a formal agreement or lease. A tenant, however, has a legal agreement with the landlord, typically involving payment of rent and certain rights and responsibilities. If a guest stays for an extended period, they may be considered a tenant under the law, especially if they receive mail at the property or have established a permanent presence.

How long can someone stay in your apartment without being on the lease?

In Oklahoma, there is no specific time limit defined by law for how long someone can stay without being on the lease. However, if a person stays for more than a few weeks and establishes residency, they may be considered a tenant, which could grant them certain legal rights. It's advisable to have a written agreement to clarify the status of any guests.

How long can a guest stay before being considered a tenant?

While there is no strict timeframe in Oklahoma, a guest who stays for more than a few weeks could potentially be considered a tenant, especially if they receive mail or have established a routine at the property. It's important for landlords to monitor the duration of a guest's stay to avoid complications regarding tenancy rights.

What are the occupancy laws in Oklahoma?

Occupancy laws in Oklahoma generally require that landlords provide safe and habitable living conditions. Additionally, landlords must follow proper legal procedures for eviction and termination of tenancy, as outlined in state statutes. It's essential for landlords to understand their obligations and the rights of tenants to ensure compliance with the law.

How long before a guest becomes a tenant in Oklahoma?

In Oklahoma, there is no specific duration that automatically converts a guest into a tenant. However, if a guest stays for an extended period, typically several weeks, and begins to establish residency, they may be considered a tenant. Factors such as receiving mail or having personal belongings at the property can influence this determination.