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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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My son and daughter in law are getting a divorce. He moved

Customer Question

My son and daughter in law are getting a divorce. He moved out and she is still in the house that my husband and I own. They have not paid rent in 3 years. Their is no rent agreement or contract. She keeps making excuses why she can't move out. How do we get her out of the house
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello! My name is ***** ***** I look forward to helping you today but please note this is general information only, not legal advice.
I am very sorry to hear about your situation. I am also sorry that I have to be the one to deliver information you are not likely going to want to hear.
Unfortunately, in this situation, a formal eviction proceeding will need to be filed with the court seeking an eviction order unless she will cooperate and move out. This requires first serving a 5 day notice to vacate for non-payment of rent. If she fails to move out within the 5 day period then a Forcible Entry and Detainer petition will need to be filed with the court seeking an eviction order.
In lieu of the 5 day you may serve a 30 day notice to terminate as well. Given her a formal 30 notice to vacate might be enough incentive to have her vacate on her own without having to go to court. If she fails to leave after the 30 notice, seeking a court order for eviction would be necessary.
Here is a summary of the Oklahoma Eviction procedure process: http://www.landlordguidance.com/eviction-notice-forms/oklahoma-eviction/
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Expert:  J. Warren replied 1 year ago.
Please let me know if I can provide further information. I realize rating takes an extra step and effort and I appreciate your time in doing so.

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