Can I terminate the tenancy if my tenants have not paid rent?

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:
  • State: Oklahoma

Answer:

As a landlord in Oklahoma, you can terminate the tenancy by providing a notice to the tenants. Typically, this notice requires thirty days, but you can give less notice if the tenants have not paid rent or violated the rental agreement.

According to Title 41, Oklahoma Statutes § 9, you can serve the notice in several ways: you may deliver it to someone over the age of twelve living on the premises, or if that’s not possible, you can post the notice in a conspicuous place on the property. If you post the notice, you must also mail a copy to the tenant's last known address via registered mail.

This notice will terminate the tenancy at the end of the period specified, which cannot be less than ten days from the date of posting and mailing. Therefore, if the tenants cannot be found, you can proceed with the notice as described.

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

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.