Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?
There was never a lease filled out when we move in. We have been living here for 4 months.
A:
If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1
However, "thirty days notice in writing is necessary to be given by either party before he can terminate a tenancy at will." Okla. Stat. tit. 41 sec. 4. So, unless an exception applies, your landlord has to give you at least 30 days notice before she can kick you out.
However, state law also says, "When the time for the termination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant by sufferance, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary." Okla. Stat. tit. 41 sec. 8.
So, if there was an agreement as to when your lease would terminate, or if you committed waste, then the landlord didn't have to give you notice to quit.
When you entered this lease, did you know that your landlord planned to sell the house? If you did, then, a court could find that, you and your landlord had agreed that the lease would terminate when she sold the house, and, that, therefore, 30 days notice wasn't necessary.
Have you been current in your rent payments? If not, your landlord may not have needed to give you 30 days notice.
"If a tenant, for a period of three (3) months or longer, neglect or refuse to pay rent when due, ten (10) days' notice in writing to quit, shall determine the lease, unless such rent be paid before the expiration of said ten (10) days." Okla. Stat. tit. 41 sec. 6.
"If a tenant, for a period of less than three (3) months, shall neglect or refuse to pay rent when due, five (5) days' notice, in writing, to quit, shall determine the lease, unless such rent be paid before the expiration of said five (5) days." Okla. State. tit. 41 sec. 7.
To find more laws relating to landlord and tenant, click here: http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST41&level=1
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