Can I evict my tenant using an unconditional quit notice?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 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.
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