Oklahoma § 41-111 - Termination of tenancy

§ 41-111. Termination of tenancy

A. Except as otherwise provided in the Oklahoma Residential

Landlord and Tenant Act, when the tenancy is month-to-month or

tenancy at will, the landlord or tenant may terminate the tenancy

provided the landlord or tenant gives a written notice to the other

at least thirty (30) days before the date upon which the termination

is to become effective. The thirty-day period to terminate shall

begin to run from the date notice to terminate is served as provided

in subsection E of this section.

B. Except as otherwise provided in the Oklahoma Residential

Landlord and Tenant Act, when the tenancy is less than month-tomonth, the landlord or tenant may terminate the tenancy provided the

landlord or tenant gives to the other a written notice served as

provided in subsection E of this section at least seven (7) days

before the date upon which the termination is to become effective.

C. Unless earlier terminated under the provisions of the

Oklahoma Residential Landlord and Tenant Act or unless otherwise

agreed upon, a tenancy for a definite term expires on the ending

date thereof without notice.

D. If the tenant remains in possession without the landlord's

consent after the expiration of the term of the rental agreement or

its termination under the Oklahoma Residential Landlord and Tenant

Act, the landlord may immediately bring an action for possession and

damages. If the tenant's holdover is willful and not in good faith

the landlord may also recover an amount not more than twice the

average monthly rental, computed and prorated on a daily basis, for

each month or portion thereof that the tenant remains in possession.

If the landlord consents to the tenant's continued occupancy, a

month-to-month tenancy is thus created, unless the parties otherwise

agree.

E. The written notice, required by the Oklahoma Residential

Landlord and Tenant Act, to terminate any tenancy shall be served on

the tenant or landlord personally unless otherwise specified by law.

If the tenant cannot be located, service shall be made by delivering

the notice to any family member of such tenant over the age of

twelve (12) years residing with the tenant. If service cannot be

Oklahoma Statutes - Title 41. Landlord and Tenant

made on the tenant personally or on such family member, notice shall

be posted at a conspicuous place on the dwelling unit of the tenant.

If the notice is posted, a copy of such notice shall be mailed to

the tenant by certified mail or by mailing such notice through the

Firm Mailing Book for Accountable Mail as provided by the United

States Post Office. If service cannot be made on the landlord

personally, the notice shall be mailed to the landlord by certified

mail. For the purpose of this subsection, the word "landlord" shall

mean any person authorized to receive service of process and notice

pursuant to Section 116 of this title.

F. A victim of domestic violence, sexual violence or stalking

may terminate a lease without penalty by providing written notice

and a protective order of an incident of such violence within thirty

(30) days of such incident, unless the landlord waives such time

period.

G. The provisions of this section shall not apply to an

occupant who has no rental agreement with the landlord and with whom

the landlord has not consented to creating a tenancy. A landlord

shall have the right to demand that such an occupant vacate the

dwelling unit or the premises or both and shall not be required to

commence eviction proceedings. If the occupant wrongfully fails to

comply within a reasonable time, the occupant shall, upon

conviction, be guilty of a trespass and may be punished by a fine

not to exceed Five Hundred Dollars ($500.00).

Added by Laws 1978, c. 257, § 11, eff. Oct. 1, 1978. Amended by

Laws 1980, c. 168, § 1, eff. Oct. 1, 1980; Laws 1982, c. 251, § 1,

emerg. eff. May 11, 1982; Laws 2016, c. 294, § 1, eff. Nov. 1, 2016;

Laws 2019, c. 115, § 1, eff. Nov. 1, 2019; Laws 2021, c. 410, § 1,

eff. Nov. 1, 2021.