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LANDLORD/TENANT LAW


HOLDOVER TENANTS UNDER OKLAHOMA LAW:
30 DAY NOTICE OF NON-RENEWAL

Under Oklahoma landlord-tenant law, a landlord's acceptance of rent from a holdover tenant (a tenant who remains in possession after the termination of the lease period) is presumed to renew the lease for the same period of time as the initial lease term. This presumption is set forth in 41 Okl.St.Ann. § 35, which provides as follows:

§ 35. Continued possession renews the lease, when
If a lessee of real property remains in possession thereof, after the expiration of the lease and the lessor accepts rent from him, the parties are presumed to have renewed the lease on the same terms and for the same time, not exceeding one (1) year.

If a landlord wishes to avoid the presumption that the lease has been renewed, the appropriate procedure is for the landlord to serve a written notice of his intention to terminate the lease upon the tenant. Pursuant to 41 Okl.St.Ann. § 36, notice of termination should be served on the tenant at least one-month prior to the expiration of the lease term.


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The information provided in this is not legal advice, but general information on legal issues commonly encountered.
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