Landlord May Attach, When. 15. Sub-lessees. 16. Alienees of Lessors and Lessees. 29. Court's, Jurisdiction of. AN ACT Relating to Landlords and Tenants. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: Tenant, De SECTION 1. Any person in the possession of real prop- Tenan erty, with the assent of the owner, is presumed to be a tenant at will unless the contrary is shown, except as herein otherwise provided. Tenant, SECTION 2. When premises are let for one or more years, and the tenant, with the assent of the landlord, to Year. continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a ten. ant from year to year. From One SECTION 3. When rent is reserved, payable at in- Toold tervals of three months or less, the tenant shall be other, When. deemed to hold from one period to another, equal to the intervals between the days of payment, unless there is an express contract to the contrary. Terminate SECTION 4. Thirty days notice in writing, is neces- Notice to sary to be given by either party before he can termin- Tenancy. ate a tenancy at will, or from one period to another, of three months or less; but where in any case, rent Tenancies Notice to Rent Not Paid; Notice to Quit. Rent Not Paid; Notice to Quit. No Notice Notice, How Tenant Not to Assign Interest, When. is reserved, payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. SECTION 5. All tenancies from year to year may be determined by at least three months' notice, in writing, given to the tenant prior to the expiration of the year. SECTION 6. In case of tenants occupying and cultivating farms, the notice must fix the termination of the tenancy to take place on the first day of January. SECTION 7. If a tenant, for a period of three months or longer, neglect or refuse to pay rent when due, ten days' notice in writing to quit, shall determine the lease, unless such rent be paid before the expiration of said ten days. SECTION 8. If a tenant, for a period of less than three months, shall neglect or refuse to pay rent when due, five days' notice, in writing, to quit, shall deetermine the lease, unless such rent be paid before the expiration of said five days. SECTION 9. When the time for the termination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant by sufferance, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary. SECTION 10. Notice, as required in the preceding sections, may be served on the tenant, or, if he cannot be found, by delivering the same to some person over twelve years of age, residing on the premises, having first made known to such person the contents thereof. SECTION 11. No tenant for a term not exceeding two years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another, without the written assent of the landlord or person holding under him. Re-enter, SECTION 12. If any tenant shall violate the provi- Landiord May sions of the preceding section, the landlord, or person holding under him, after giving ten days' notice to quit possession, shall have a right to re-enter the premises and take possession thereof, and dispossess the tenant, sub-tenant or under-tenant. Conveyance Payment of SECTION 13. A conveyance of real estate, or of any by Landlord; interest therein, by landlord, shall be valid without Rent. the attornment of the tenant; but the payment of rent by the tenant to the grantor, at any time before notice of sale, given to said tenant, shall be good against the grantee. a Attornment of tenant to a Tenant Void, SECTION 14. The attornment of stranger shall be void, and shall not affect the possession of his landlord, unless it be made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court. When. SECTION 15. Sub-lessees shall have the same remedy Sub-lessees. upon the original covenant against the principal landlord, as they might have had against their immediate lessor. Lessors and SECTION 16. Alienees of lessors and lessees of land Alienees of shall have the same legal remedies in relation to such lands as their principal. SECTION 17. Rents from lands granted for life or Rents From lives may be recovered as other rents. Life Grants, How Recovered. Death; May SECTION 18. A person entitled to rents dependent Arrears at on the life of another, may recover arrears unpaid at Recover. the death of that other. Administra cover Rents. SECTION 19. Executors and administrators shall Executors and have the same remedies to recover rents, and be sub- tors May Reject to the same liabilities to pay them, as their testators and intestates. Liable. SECTION 20. The occupant, without special con- Occupants tract of any lands, shall be liable for the rent to any person entitled thereto. Joint Tenants. Joint Tenant Estate in Remainder or Reversion. Rent for Farm Share of Crop Purchaser of Landlord May Attach, When. SECTION 21. If a joint tenant, or tenant in common, or tenant in coparcenary, have, by consent, management of the estate, and make repairs and improvements with the knowledge, and without objection, of his co-tenant or coparcener, such co-tenant or coparcener shall contribute ratably thereto. SECTION 22. A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action agaist his co-tenant or coparcener, or their personal representatives, for receiving more than his just proportion of the rents and profits. SECTION 23. A person seized of an estate in remainder or reversion may maintain an action for waste or trespass, for injury to the inheritance, notwithstanding an intervening estate for life or years. SECTION 24. Any rent due for farming land shall be a lien on the crop growing or made on the premises. Such lien may be enforced by action and attachment therein, as hereinafter provided. SECTION 25. When any such rent is payable in a share or certain proportion of the crop, the lessor shall be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver him such share or proportion, enter upon the land and take possession of the same, or obtain possession thereof by action of replevin. SECTION 26. The person entitled to rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien, the value of the crop purchased, to the extent of the rent due and damages. SECTION 27. When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one year thereafter, and whether the same be payable in money or other things), intends to remove, or is removing, or has, within thirty days, removed his property, or the crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action in the court having jurisdiction; and upon making an affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment shall issue in the same manner and with the like effect as is provided by law in other actions. Attachment to Obtained. SECTION 28. In an action to enforce a lien on crops for rent of farming lands, the affidavit for attach- on Crop, How ment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land. Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions. diction of. SECTION 29. Justices of the peace and probate Courts, Juriscourts of this Territory shall have jurisdiction of all actions brought under this Act where the amount claimed does not exceed the jurisdiction of said courts respectively. ments, SECTION 30. That all improvements put on leased Improvelands, that do not become a part of the realty, shall Taxes on. be assessed to the owner of such improvements as personal property; and the taxes imposed on such improvements shall be collected by levy and sale of the interest of such owner, the same as in all other cases of the collection of taxes on personal property. SECTION 31. Sections 2, 3, 4, 5, 6, and 7, of Article 3, of Chapter 65 of the Statutes of Oklahoma, 1893, and all Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. S. L.-10 |