“Help! My landlord has given me 48 hours to leave my apartment and I have no place to go!”
Unfortunately, this was a real life plea I received just the other day.
The man on the phone told me that he’d had a dispute with his landlord (who occupied the bottom floor of a two-story dwelling) that the tenant and his pregnant wife and baby had rented the upper floor.
“Is that legal”, he wondered?
No, it is not legal. Not under Oklahoma law.
In order for a landlord to evict someone, they must file a Forcible Entry and Detainer action with the Small Claims court. That means that must get a court order. And although that is an abbreviated process, it’s going to take more than 48 hours. They cannot just summarily throw you out, or lock you out. If they do, they’re liable for big punitive damages. Nor can they try to “smoke you out” by cutting off the electricity or other utilities.
Bottom line: hold your ground. They cannot throw you out or take any other action to force you out without a court order.
If you have a consumer law issue that you’re concerned about, give me a call. I’d be glad to talk to you without an initial charge.
You can reach me at email@example.com or 918 409-2462.
Weasel Words (aka disclaimer): This is not legal advice. This is a general interest blog post. Unless we have a signed representation agreement, I am not your attorney and you are not my client.
F. Bennett Callicoat, 401 S. Boston Ave., Ste. 1810, Tulsa OK 74103 918 582-6131 or 918 629-2859, firstname.lastname@example.org
Welcome to the WordPress version of my bankruptcy and consumer law blog!
I kept hearing all the cool kids talk about WordPress and so I decided to check it out. Certainly, the WP blogs have a certain finished quality to them you don’t see on Blogger.
Looking forward to helping people with financial woes.
Call me, Ben Callicoat, at 918 629-2859 if you need help with your financial worries.
Great post over at Forbes by a top attorney for one of the largest most prestigious firms in the world. The subject? How the time-tested, age-old law practice standby, the billable hour, must be eliminated.
This is a topic we’ve been kicking back and forth at Jarboe & Stoermer for some time now. The problems with billable hours are legion, but just to name two off the top: first, that there is something fundamentally unfair about charging the same rate for sending an email or checking my schedule on behalf of a client, as we do arguing a motion in court. Why should both activities — the latter of which is the product of the cumulative weight of years of practice and skill, and the former which could be done by any fool with a keyboard and an internet connection — be charged at exactly the same rate?
For another objection, the overhead and lack of productivity that trying to keep track of time builds in is highly counterproductive. Some estimate that tracking billable hours adds a non-productivity cost of up to 10% to any given work product. (I actually think it a bit higher.)