How Do I Evict a Family Member in Oklahoma?
Full Question:
Answer:
Without a written lease, a tenant is generally considered a month-to-month, at-will tenant. A landlord generally can terminate a month-to-month tenancy simply by giving the tenant 90, 30 or 10 days' advance written notice. 90 days notice is required if there is a yearly tenancy, 30 days notice is required for a month-to-month tenancy, and 10 days is required if rent is overdue more than 3 months. In the case of a family member who is not obliged to pay rent and has no written lease, such person would typically be deemed a month-to-month tenant entitiled to 30 days' notice.
Your sister may attempt to explain that she is regrettably unable to care for the mother any longer due to her disability, rather than a personal conflict, but unfortunately, she has no control over another person's perceptions or reactions. Perhaps a third party, such as your sister's doctor, may offer assistance in explaining the situation. However, if the family members refuse to leave voluntarily, a written notice must be served in order to evict. Often, such legal action is explained as reluctantly being done at the advice of an attorney.
Please see the OK statutes below:
§ 41-4. 30 Days Notice Required Before Termination of Tenancy.
Thirty (30) days' notice in writing is necessary to be given by either
party before he can terminate a tenancy at will, or from one period to
another, of three (3) months or less; but where in any case rent is
reserved, payable at intervals of less than thirty (30) days, the length
of notice need not be greater than such interval between the days of
payment.
§ 41-6. Notice to Quit Where Rent not Paid.
If a tenant, for a period of three (3) months or longer, neglect or
refuse to pay rent when due, ten (10) days' notice in writing to quit,
shall determine the lease, unless such rent be paid before the expiration
of said ten (10) days.
§ 41-5. Tenancies from Year to Year — 3 Months Notice Prior to
Expiration of Year.
All tenancies from year to year, may be determined by at least
three (3) months' notice, in writing, given to the tenant prior to
the expiration of the year
