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§41-111.
§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.
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