Okla. Stat. tit. 41, § 41-111
This is the official text of Okla. Stat. tit. 41, § 41-111, part of Oklahoma’s Stat. tit. 41, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 41,." Browse the sections below, each linked to its official government source.
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Termination of tenancy
Official statutory text
A. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is month-to-month or
tenancy at will, the landlord or tenant may terminate the tenancy
provided the landlord or tenant gives a written notice to the other
at least thirty (30) days before the date upon which the termination
is to become effective. The thirty-day period to terminate shall
begin to run from the date notice to terminate is served as provided
in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is less than month-to-
month, the landlord or tenant may terminate the tenancy provided the
landlord or tenant gives to the other a written notice served as
provided in subsection E of this section at least seven (7) days
before the date upon which the termination is to become effective.
C. Unless earlier terminated under the provisions of the
Oklahoma Residential Landlord and Tenant Act or unless otherwise
agreed upon, a tenancy for a definite term expires on the ending
date thereof without notice.
D. If the tenant remains in possession without the landlord's
consent after the expiration of the term of the rental agreement or
its termination under the Oklahoma Residential Landlord and Tenant
Act, the landlord may immediately bring an action for possession and
damages. If the tenant's holdover is willful and not in good faith
the landlord may also recover an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that the tenant remains in possession.
If the landlord consents to the tenant's continued occupancy, a
month-to-month tenancy is thus created, unless the parties otherwise
agree.
E. The written notice, required by the Oklahoma Residential
Landlord and Tenant Act, to terminate any tenancy shall be served on
the tenant or landlord personally unless otherwise specified by law.
If the tenant cannot be located, service shall be made by delivering
the notice to any family member of such tenant over the age of
twelve (12) years residing with the tenant. If service cannot be
Oklahoma Statutes - Title 41. Landlord and Tenant Page 16
made on the tenant personally or on such family member, notice shall
be posted at a conspicuous place on the dwelling unit of the tenant.
If the notice is posted, a copy of such notice shall be mailed to
the tenant by certified mail or by mailing such notice through the
Firm Mailing Book for Accountable Mail as provided by the United
States Post Office. If service cannot be made on the landlord
personally, the notice shall be mailed to the landlord by certified
mail. For the purpose of this subsection, the word "landlord" shall
mean any person authorized to receive service of process and notice
pursuant to Section 116 of this title.
F. A victim of domestic violence, sexual violence or stalking
may terminate a lease without penalty by providing written notice
and a protective order of an incident of such violence within thirty
(30) days of such incident, unless the landlord waives such time
period.
G. The provisions of this section shall not apply to an
occupant who has no rental agreement with the landlord and with whom
the landlord has not consented to creating a tenancy. A landlord
shall have the right to demand that such an occupant vacate the
dwelling unit or the premises or both and shall not be required to
commence eviction proceedings. If the occupant wrongfully fails to
comply within a reasonable time, the occupant shall, upon
conviction, be guilty of a trespass and may be punished by a fine
not to exceed Five Hundred Dollars ($500.00).
Landlord and Tenant Act, when the tenancy is month-to-month or
tenancy at will, the landlord or tenant may terminate the tenancy
provided the landlord or tenant gives a written notice to the other
at least thirty (30) days before the date upon which the termination
is to become effective. The thirty-day period to terminate shall
begin to run from the date notice to terminate is served as provided
in subsection E of this section.
B. Except as otherwise provided in the Oklahoma Residential
Landlord and Tenant Act, when the tenancy is less than month-to-
month, the landlord or tenant may terminate the tenancy provided the
landlord or tenant gives to the other a written notice served as
provided in subsection E of this section at least seven (7) days
before the date upon which the termination is to become effective.
C. Unless earlier terminated under the provisions of the
Oklahoma Residential Landlord and Tenant Act or unless otherwise
agreed upon, a tenancy for a definite term expires on the ending
date thereof without notice.
D. If the tenant remains in possession without the landlord's
consent after the expiration of the term of the rental agreement or
its termination under the Oklahoma Residential Landlord and Tenant
Act, the landlord may immediately bring an action for possession and
damages. If the tenant's holdover is willful and not in good faith
the landlord may also recover an amount not more than twice the
average monthly rental, computed and prorated on a daily basis, for
each month or portion thereof that the tenant remains in possession.
If the landlord consents to the tenant's continued occupancy, a
month-to-month tenancy is thus created, unless the parties otherwise
agree.
E. The written notice, required by the Oklahoma Residential
Landlord and Tenant Act, to terminate any tenancy shall be served on
the tenant or landlord personally unless otherwise specified by law.
If the tenant cannot be located, service shall be made by delivering
the notice to any family member of such tenant over the age of
twelve (12) years residing with the tenant. If service cannot be
Oklahoma Statutes - Title 41. Landlord and Tenant Page 16
made on the tenant personally or on such family member, notice shall
be posted at a conspicuous place on the dwelling unit of the tenant.
If the notice is posted, a copy of such notice shall be mailed to
the tenant by certified mail or by mailing such notice through the
Firm Mailing Book for Accountable Mail as provided by the United
States Post Office. If service cannot be made on the landlord
personally, the notice shall be mailed to the landlord by certified
mail. For the purpose of this subsection, the word "landlord" shall
mean any person authorized to receive service of process and notice
pursuant to Section 116 of this title.
F. A victim of domestic violence, sexual violence or stalking
may terminate a lease without penalty by providing written notice
and a protective order of an incident of such violence within thirty
(30) days of such incident, unless the landlord waives such time
period.
G. The provisions of this section shall not apply to an
occupant who has no rental agreement with the landlord and with whom
the landlord has not consented to creating a tenancy. A landlord
shall have the right to demand that such an occupant vacate the
dwelling unit or the premises or both and shall not be required to
commence eviction proceedings. If the occupant wrongfully fails to
comply within a reasonable time, the occupant shall, upon
conviction, be guilty of a trespass and may be punished by a fine
not to exceed Five Hundred Dollars ($500.00).
Status: in_force · Read it on the official government site
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