Help With Violation of Lease

This is a discussion on Help With Violation of Lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am a tenant in Oklahoma and I recently had to break my lease and move. In the terms of ...

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Old Nov 16th, 2007, 06:32 PM   #1
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Question Help With Violation of Lease

I am a tenant in Oklahoma and I recently had to break my lease and move. In the terms of my lease I have had to keep paying every month until either the house is rented or the end of my original lease. I have also been told I have to keep the utilities on. So far I have been doing everthing I am supposed to do. I am paying them and I have kept the utilities on. I am trying to do the best I can. They have been very hard to deal with. Now, we get a call saying that they never recieved our 30 days notice (which we had delivered in person and had signed that it was delivered). I told her that we have it signed and that she is breaking the lease by not advertising the property. She agreed. My problem is that the last day of the 30 days notice was the 30th of Sept. She should have been advertising form 16 days. As far as I can tell this is in direct violation of the Oklahoma landlord tenant act. I don't know what to do next. I could tell her that but she will still insist that we pay. I honestly can't afford to spend a lot of money on an attorney. What do I need to do next? Should I hold her to this or just keep paying out the term of the lease?

I hope this makes sense. There is really a lot to this story! :-)
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Old Nov 19th, 2007, 06:10 PM   #2
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Default Re: Help With Violation of Lease

Hold her to it.

Sue her in small claims if you have to.

You should have it all in writing but you can try to argue you relied on her too and you all did agree...
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Old Nov 21st, 2007, 01:28 PM   #3
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Default Re: Help With Violation of Lease

I doubt the court will hold her in contempt for not advertising within the first 16 days of you moving out. She may be cleaning, repairing items, doing some renovations, painting (if you lived there for a while), etc. However, she should be advertising it very soon. If she does not, and she makes no attempt to advertise the unit or re-rent it, you can take her to court (small claims) to recover any money paid for the months she did not actively attempt to re-rent the unit. Keep in mind that she can try to re-rent it witout placing an ad in the paper. She can list it on craigslist, place fliers at employers/banks/laundries/grociers, put up signs in the yard or windows, etc. However, she maust atke constructive steps to re-rent it. She would have to prove in court her steps if it goes that far. If I were you, I would help her adveritise this by listing it in your employee newletter/bulletin board, telling friends and co-workers about it, etc. The sooner it is rented, the less money it will cost you.
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