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dkennedy
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience:  Juris Doctorate Degree
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I just recieved notice that I cannot renew my apartment

Customer Question

I live in Tulsa, OK and I just recieved notice that I cannot renew my apartment lease at the end of the month. Do they have the right to do that and what are my option to protest?
Submitted: 8 years ago.
Category: Legal
Expert:  dkennedy replied 8 years ago.

HelloCustomer

 

    SECTION 110. Term of tenancy
    Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week in the case of a roomer or boarder who pays weekly rent, and in all other cases month-to-month.
    SECTION 111. Termination of tenancy
  1. 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.
  2. 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.
  3. 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.
  4. 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 said 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.
  5. 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 made on the tenant personnally 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. 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.

There is no provision in the law to protest the non-renewal, but I would suggest you put your objections in writing and send it to the manager of the apartment and owner, if they are not the same person. They may want to rent it to someone else at a substantial increase, or they may want to remodel. You may be able to talk them into something else. I would be firm, but civil and see if you can work something out.

Good luck.

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