Can I evict my tenant using an unconditional quit notice?

UPDATED: May 10, 2012

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Can I evict my tenant using an unconditional quit notice?

My renter told me his ac was not working approx. a couple weeks ago. We checked it out but found nothing. Asked him to let me know which he never did. Then earlier this week I found out it had not been working but we could not get over there right away. Without my knowledge, he hired a repairman. We went today to see what was done on the ac and also checked vents. Renter was there the entire time. Now he is accusing us of stealing a gun and is refusing to pay rent until it is returned and threatening to call sheriff. I have text messages for all this.

Asked on May 10, 2012 under Real Estate Law, Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are having problems like you write about with the tenant you have, you can serve him with a 30 day notice of tenancy IF the tenant has materially breached the lease or is on a month-to-month tenancy with you.

The 30 day notice of tenancy under the law is for all intents and purposes an unconditional notice to quit as you have written.

However, given the circumstances that you have written about concerning the alleged theft of articles from the tenant's rental and the repair that he did on the air conditioner without permission, before you proceed on the notice, I suggest that you consult with a landlord tenant attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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