given written eviction notice by the owner to move in 5 days after i gave my notice i was moving in two weeks do i have to move in 5 days

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given written eviction notice by the owner to move in 5 days after i gave my notice i was moving in two weeks do i have to move in 5 days

My husband and i bought a house in oklahoma the seller gave us early possession. we put in our contract if our current home in SC did not sell and we were unable to secure a loan we could back out of the deal at any time. we were unable to sell the house and secure a new loan so we had to give our notice to move out on may 30. we put up 1000.00 and told the seller she could keep the money for our may rent of 900.00. on monday she gave us a written notice we had 5 days to get out of the house. So do we have to move in 5 days or can we stay the two weeks.

Asked on May 19, 2009 under Real Estate Law, Oklahoma

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a real estate attorney in Oklahoma about this;  if you don't already have one working with you on the sale you are backing out of, one of the places to find a lawyer is our website, http://attorneypages.com

A lot may depend on the papers that were drawn up allowing you to have early possession.  Often, this is done in a way that is sometimes called "use and occupancy," where it says in plain language that it is not a landlord-tenant situation, so that the usual laws that protect renters from eviction without that process would not apply.

That doesn't necessarily mean that the owner can come and change the locks on her own, on Saturday.  But you should not try to figure this all out on your own.


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