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philip.simmons
philip.simmons, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33073
Experience:  10 years experience in the law
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My husband and I are landlords. 3 months ago, we rented a

Customer Question

My husband and I are landlords. 3 months ago, we rented a house to a husband and wife and had a written lease agreement with them. While they were there, they moved someone else into the house and never told us about it. Now the husband and wife have moved out but the lady they moved in is still there. She won't pay rent and refuses to leave. I know that we can evict her, but we don't even know her name and she won't talk to us. What can we do to get her out? This is in Oklahoma.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  philip.simmons replied 6 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. Can you tell me, did your lease address this ? That is, did the lease prohibit "sub leasing"?
Customer: replied 6 months ago.
Unfortunately, our lease did not address this.
Expert:  philip.simmons replied 6 months ago.
Thank youYou will then need to "evict" the original tenant. Once you do? The subtenant (the folks living in the home now) will also loose their right to occupy.When the rent becomes overdue, the landlord must first serve an Oklahoma 5-Day Notice to Quit, which advises the tenant of the rent amount due and that it must be paid within the 5-day period or legal action to evict the tenant will commence. You put this in writing (on paper) and have a copy served on the original tenant (you can mail to the address)The notice must state the amount due and give them 5 days to pay. The notice must tell them if they do not pay, you will evict.IF they do not pay on time? Your next step is to head to court (the county court in the county where the home is located)...talk to the clerk of the court and they can provide you the forms. You file the case and serve the tenant (again, the original tenant). Now...here is where it can be a bit complex...you need to effect service...so you need to track down the tenant. Consider hiring a private investigator if you do not know their address. It is possible to serve them via "constructive service" (placing ads in the local paper) but this process is time consuming and requires you hire a lawyer to assist...spend less money to a PI and let them track down and serve the tenant.Once you have them served, you head to court with a copy of the 5 day pay or quit notice and the judge will evict...then you can use this order to evict the folks living in the homePlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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