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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16289
Experience:  15 yrs residential & commercial leasing experience.
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I live in Oklahoma. I have a lodger agrrement with someone

Customer Question

I live in Oklahoma. I have a lodger agrrement with someone who has become verbally abusive and does not pay rent in a timely manner. He has made verbal threats against my animals and has weapons which were forbidden in the tenant agreement. What can I do to get this person out of my home?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 11 months ago.

Hello there --

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You can evict this person from your home. A lodger agreement is very similar to a lease agreement in the eyes of the law and it affords you all of the rights of any landlord in OK. To start the process, you can choose whether to evict for non payment of rent or for violation of the lease/lodger agreement, as follows:

(A) To evict for non payment of rent you must prepare and send to the tenant a THree Day Notice to Quit for NonPayment of Rent. It can be delivered in hand to the tenant (or taped to their door if you want) or you can send it by certified mail to the tenant at the address (many landlords will use both methods of delivery). It is just a simple written notice that states the amount of the rent, when it was due, and how far the tenant is behind in the rent. At the end, you state that the Tenant has three days to quit the premises or pay the rent and if the rent is not paid by the fourth day after the date it is due, you can proceed to the local county civil housing/eviction court and ask for the paperwork to evict a tenant. You complete the paperwork and file it with the court (the court will send notice to the tenant of the hearing date) and you put a copy of the Notice to Quit sent to the tenant as an attachment to the complaint for eviction.

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(B) Notice to Quit for Lease Agreement /Lodger Agreement Violations: This is the same type of letter to the tenant as above -- but it is called a Notice to Quit for Lease Violations and in that letter you must give the tenant thirty (30) days notice to quit the premises. Again, It can be delivered in hand to the tenant (or taped to their door if you want) or you can send it by certified mail to the tenant at the address (many landlords will use both methods of delivery). It is just a simple written notice that states that the tenant has committed the following violations of the lease/lodger agreement (and then list the violations, such as keeping guns and treating people and animals in an abusive manner which violates your right to quiet enjoyment (to live in peace) at the property. In that notice you must give them the 30 days and tell the lodger that if he has not vacated the premises by the 31st day after receipt of this notice then you will proceed to the local court to have them evicted through legal means. If the lodger fails to leave by day 31 then you again go to the court and ask for the forms for the civil eviction process (residential unlawful detainer) and the court will give you the forms which you complete and attach the Notice to Quit letter to the court complaint and then you wait for the court to give notice of a hearing date on the matter.

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In both cases, the hearing date is set about two weeks from the date that you apply for the hearing date and you appear in the court and ask the judge to set a court ordered date for the lodger/tenant to leave the premises (usually within a week). If the tenant refuses to leave by the date ordered by the court, then you contact the local county Sheriff's office to remove the tenant and his belongings from your house and at that point you are permitted to change the locks if you are unable to get the keys from the tenant when the SHeriff removes the tenant from your premises.

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The major difference between the two methods of eviction is that most courts will give the tenant a second chance when it comes to non payment of the rent and if the tenant pays the rent through the court date and the next date due, the court will dismiss the eviction notice for non payment of the rent action. If you go through the same thing again with the same tenant (nonpayment of rent) in the next six months, you will have to send a letter all over again and start court proceedings all over again and that is when the court will take away any second chances regarding rent payment and will set a date for the tenants to leave the lodging.

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If you use the Notice to Quit for Lease Violations at first, then the court will not proceed with any second chances if you testify that you genuinely want him OUT of your house and/or rental unit due to the lease / lodging violations and then the judge really has no legal choice but to honor your wishes and set a date for the tenant to leave the premises. Again, if the tenant fails to leave, you can call the Sheriff to remove the tenant and his belongings from your house.

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You can find forms for the Notice to Quit online -- several companies actually either distribute them for free or a small fee - if you perform a search for "Notice to Quit Oklahoma Non Payment of Rent" and/or "Notice to Quit Oklahoma Lease Violations".

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I hope that helps. Please let me know if you have further questions. If not, can you please press a positive rating above these chat boxes so that I will be paid for my time assisting you today. I am paid nothing unless you press a positive rating in the ratings section above (pressing the middle star, or the fourth or fifth star on the right of the middle star is a positive rating). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH !!!

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MARY

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