LINDSEY v. HAMIL

LINDSEY v. HAMIL
1926 OK 820
249 P. 910
120 Okla. 5
Case Number: 17278
Decided: 10/12/1926
Supreme Court of Oklahoma

LINDSEY
v.
HAMIL et al.

Syllabus

¶0 Landlord and Tenant--Tenant at Will--Statutory Notice by Tenant to Terminate Tenancy. A tenant holding real property under a month to month rental contract is required by section 7344, C. O. S. 1921, to give the same notice as thereby required from a landlord, in order to terminate the tenancy.

John Rogers, for plaintiff in error.
Chas. L. Yancey, Henry L. Fist, and W. Y. Mauzy, for defendants in error.

ESTES, C.

¶1 Defendants in error Stella May Hamil and Alice D. Jones had judgment in the common pleas court of Tulsa county against N. A. Lindsey, plaintiff in error, for $ 65 for house rent for the month of July, 1925. Parties will be referred to as they appeared in the trial court. The facts are undisputed. Defendant was a tenant at will of plaintiffs, having paid them rent monthly to July 1, 1925, for nearly two years on an apartment. On June 12, 1925, defendant claims he notified plaintiffs, through their agent, that he would vacate the apartment on July 1st. At no time did he give a written notice to terminate the tenancy, and claims only to have given such oral notice of about 18 days. Defendant does not claim that plaintiffs waived the written notice in any manner except under some printed rules which were posted by plaintiffs in the apartment. These rules provide: "Should you desire to vacate, we require 30 days' notice from date your rent is due." The only assignments of error are under the proposition that the said verbal notice was a substantial compliance with the statutes and that plaintiffs, by said rules, waived statutory written notice.

¶2 Section 7344, C. O. S. 1921, provides: