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Questions Answered by Doak Willis

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: What are the steps, in Oklahoma, to evicting a tenant for failure to pay rent?

Oklahoma statute 41-131 makes it sound like 5 days after giving written notice of demand of payment, the lease is terminated and the tenant must leave. That sounds too simple.

Doak Willis answered on Jun 18, 2019

You can file an action called an entry and detainer immediately after the tenant breaches the rental agreement for failing to pay the rent on the due date. You do not have to give written notice if the tenant is delinquent on their rent.

1 Answer | Asked in Business Law for Oklahoma on

Q: can i be arrested for stealing an ipad if the owner gave it to me to fix

yes the other day i was givin a ipad to fix from a pawnshop and thats because she heard i fix them so she ask me well i said yes i can fix it so i brought it home and i left my phone number there i never told the lady how long i would have it but any ways with me working on it and waiting for apple... Read more »

Doak Willis answered on Jun 16, 2019

Yes of course she can do it as you just told us she did. Contact the police and the lady immediately to clear up the matter. It would be best to have an attorney speak for you.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: Is tenant entitled to see receipts for damages charged to keep security deposit?

I think my former landlord is overcharging me in an effort to keep all my deposit. Am I entitled to see receipts for the damages she claims i made?

Doak Willis answered on Jun 9, 2019

Yes. Send a letter to the landlord requesting a copy of the receipts.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: Can a landlord give me a write up or evict me for defending myself against an attack by another tenant?

I live in a Section 8 apartment complex and my landlord gave me a lease violation for my downstairs neighbor attacking myself and my service animal. She tried to smash her head with an ashtray and physically assaulted me then sprayed me and my dog in the face with ammonia. I was almost to the top... Read more »

Doak Willis answered on May 18, 2019

The answer is that you can be written up for just about any reason but the main issue is does the reason for the write up violate any provisions of Section 8 or not. Being the victim of a crime is not a legal reason for being evicted.

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Oklahoma on

Q: I have subpoenaed an individual who was employed by the state, but now is employed by a county in the state. The person

works in one city, but resides in the city where the case is to be held. The person states they will not show up because they are no longer employed by the state and must be compensated with lodging, mileage, and lost wages in order to show. I am acting Pro Se. Am I required to compensate this... Read more »

Doak Willis answered on May 18, 2019

In order for a witness to be made to appear under subpoena, you must follow the law in paying a witness fee and mileage and other conditions set forth in the statutes. So you are required to compensate witnesses you subpoena. Depending on how critical their testimony is to your case will be the... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on

Q: My 17 year old daughter has a 9 month old. The dad signed the birth certificate. The babies great grandparents say they

Have rights to the baby cuz the mom and dad signed a notorized paper giveing them rights. My daughter doesn't have any form of ID so I know this is crap. They won't allow my daughter or any family to leave their house with the baby. Can we just go get him? She's a minor and believes anything they... Read more »

Doak Willis answered on May 18, 2019

You cannot legally go and just pick up the child. If your daughter would leave with the child and go with you then you can do that in order to visit with the child. The father merely signing just the birth certificate is not a legal means of establishing him as the natural father. DHS has forms to... Read more »

1 Answer | Asked in Child Support for Oklahoma on

Q: Do I have to pay child support when my children stay with me for the summer

Doak Willis answered on May 18, 2019

To answer that question an attorney would need to review your Decree of Dissolution. Unless the Decree which sets out your obligation to pay child support exempts your having to pay while the children visit with you during the summer visitation, you must pay the support monthly or as set out within... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on

Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... Read more »

1 Answer | Asked in Child Custody for Oklahoma on

Q: When my child turns 18 even though they are still in highschool can they just move out of the home?

Doak Willis answered on May 18, 2019

Whenever a child reaches the age of majority which is the age of 18, they become an adult at that time and may move from their parents residence even if still in High School. Excepting certain restrictions such as the purchase of alcohol among others, they are deemed adults and may vote and enter... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: If a step son is entitled to % of the house we bought a year before he died. What would his % be based on new or time

Of death price. There was no will.

Doak Willis answered on Apr 28, 2019

Your question does not give enough facts in order to be answered properly. Depending on how the deed was made out when it was purchased and transfered over to you and him, that would tell the percentage he owned. For example, if the deed was made out to you and him as joint tenants with rights of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on

Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.

No fees are owed. Previous tenant (gifter) stayed the 5 years. My son has home title in his name on the way in the mail. Owner states she will not release lien until he has also stayed for another 5 years. Tag office states if we have lien release information they will issue new title. My son has... Read more »

Doak Willis answered on Apr 24, 2019

Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.

1 Answer | Asked in Family Law for Oklahoma on

Q: Hello my name is Tiffany and I am in desperate need of a family law attorney, please contact me 8178777073

I need help badly right now my baby has been being kept from me by her dad since July of last year he told me he was going to give her back in February after she had dental surgery and he is refusing to let me have her back he is threatening me that he is taking full custody of her. I need help I... Read more »

Doak Willis answered on Apr 24, 2019

You just need to hire an attorney in Oklahoma to help you in your case.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on

Q: The baby daddy won't let the mother see or talk to the daughter and they have no custody agreement and are not married

Doak Willis answered on Apr 12, 2019

If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: We are renting a 3 bed 2 bath, we have been here over a year. Our landlord asked us a month or 2 ago if we wanted to b

We have been renting a 3bed 2 bath month to month lease. Can my landlord sell it without us knowing & then tell us to find somewhere to go within 30 days & still took our rent money we gave her before she told us we had to move out.

Doak Willis answered on Apr 10, 2019

That depends upon what your lease states.

1 Answer | Asked in Animal / Dog Law for Oklahoma on

Q: The pitbull next door charges the fence when I go outside. It is unprovoked. Can I sue the home owner for mental anguish

The fence is short and I am scared everytime that he will jump it.

Doak Willis answered on Apr 10, 2019

No. Your facts as stated do not rise to a tort.

1 Answer | Asked in Child Support for Oklahoma on

Q: If I marry is there any chance my wife’s income will come into play for child support?

I was not married to the mother when she had the child

Doak Willis answered on Apr 10, 2019

No. Only your income will be used in child support computation.

1 Answer | Asked in Landlord - Tenant for Oklahoma on

Q: landlord threaten to sue for past rent but has security deposit that’ll cover it.

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Doak Willis answered on Apr 10, 2019

The security deposit is to insure the rental is returned to the landlord in the shape you received it at the start of the lease with normal wear and tear excepted.The rental amount is a separate issue. The landlord may state that you left the rental in poor shape requiring them to use that deposit... Read more »

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on

Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them

i recently went on a trip without my parents and when i got back i discovered they had gone through my room and taken a few things. of the things they took only one of them was something they had paid for.

Doak Willis answered on Mar 31, 2019

You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on

Q: Can a 16 year old almost 17 move out of their parents home legally? Is the parent responsible for any trouble they cause

I have a 16 year old who turns 17 this summer. She is one of my strong willed children and is currently using our home on a come and go basis. I have suspected and proved some wax using extracted from marijuana. She turned her life around from 14 and got caught up in school and now she's almost 17... Read more »

Doak Willis answered on Mar 31, 2019

There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.

1 Answer | Asked in Family Law for Oklahoma on

Q: I am needing to get financial power of attorney over my 16 year old biologiacal child. What forms do I need?

I have a 16 year old child that has a account he set up with his grandparent to be able to buy his first car now his grandparent has passed away and thought he put me on the paperwork to take over when he passed away but he filled out the wrong paper and I take over if my son passes away. My son is... Read more »

Doak Willis answered on Mar 31, 2019

If the money is in a bank, you should take your son to the bank with his I.D. and your I.D. and explain the situation. The bank may let you sign for him as his parent without having to spend money on getting a guardianship, which usually would require you hiring an attorney which would cost a fair... Read more »

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