7 Day Notice to Terminate Week to Week Lease - Residential from Tenant to Landlord
§41-111.
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-to-month, 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 said 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 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. 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.