What Is an Oklahoma Eviction Notice?
An Oklahoma eviction notice is a document that informs a tenant that they have violated the lease terms. It may require them to pay overdue rent, correct a lease issue, or move out. Serving this notice is typically the first step in the eviction process. It does not immediately remove the tenant from the property. The notice gives the tenant the chance to correct the lease violation. If they do not, the landlord may seek eviction.
Landlords in Oklahoma may use an eviction notice to:
- Notify the tenant about unpaid rent.
- Address lease violations such as unauthorized occupants or pets on the property or property damage.
- Respond to dangerous or illegal activity that threatens the health and safety of others.
Types of Oklahoma Eviction Notices
Oklahoma landlords must choose the correct notice to send to the tenant based on the type of lease issue. The notice period and the options available to the tenant may vary depending on the issue and the type of notice.
5-Day Eviction Notice in Oklahoma (for Nonpayment of Rent)
Landlords can use a 5-day notice to pay or quit in Oklahoma when a tenant fails to pay rent on time. This 5-day notice to quit informs the tenant that they have five days to pay the overdue rent or move out. If they do not pay or leave the property, the landlord has the right to move forward with the eviction process under 41 OK Stat § 131(B).
5-Day Notice to Pay Rent or Quit
Evict a tenant if they have overdue rent.
15-Day Notice to Quit for Noncompliance in Oklahoma
Landlords can use a 15-day eviction notice in Oklahoma if the tenant violates the lease for reasons other than unpaid rent. These may include:
- Keeping pets that aren’t allowed as per the lease agreement
- Causing property damage that goes beyond the normal wear and tear
- Allowing unauthorized occupants to live in the unit
- Violating other terms of the lease agreement
Tenants then have 10 days to correct the violation. If they do not fix the problem, the rental agreement will terminate on the fifteenth day after the landlord serves the notice, 41 OK Stat § 132(B). If the tenant cures the violation but then later commits a subsequent violation during the lease term, there is no additional right to cure, and the lease shall immediately terminate.
A 10-day eviction notice in Oklahoma is part of the 15-day notice to quit for noncompliance. Once the 15-day eviction notice is served, the tenant only has 10 days to remedy the breach. If they do not address the violation within 10 days, they have five more days to move out, but no more opportunities for correction.
If the nature of the violation is very serious, landlords can pursue faster action. For example, any kind of conduct that threatens the safety and well-being of others, such as illegal or criminal activity, may qualify for immediate termination. You can use an eviction notice for illegal activity to document that termination.
30-Day Notice to End a Month-to-Month Lease
In Oklahoma, landlords must give tenants at least 30 days’ written notice to end a month-to-month tenancy. This notice serves as the first step in the eviction process when the landlord wants to end the tenancy without a lease violation. If the tenant does not move out by the termination date, the landlord may begin formal eviction proceedings (41 OK Stat § 111(A)).
30-Day Notice Lease Termination
End a month-to-month lease with 30 days' notice.
How to Evict a Tenant in Oklahoma
If a tenant does not comply with the eviction notice, Oklahoma landlords may need to proceed with the court process to regain possession of their property. However, the eviction process requires landlords to follow specific steps under Oklahoma law.
Step 1 – Choose the Correct Eviction Notice
Landlords must serve the correct notice in Oklahoma to the tenant and wait for the notice period to expire before taking any action. It is important that the correct notice type is selected for the issue in question. The notice period will differ depending on the reason for eviction. You can create your 5-day or 15-day eviction notice using Legal Templates’s guided questionnaire. It helps you create a valid notice that complies with Oklahoma laws.
Step 2 – Serve the Eviction Notice
Once you’ve prepared the notice, deliver it to the tenant. You can do so in person or through another method permitted by the lease agreement. You should keep a copy of the notice and proof of delivery.
Step 3 – Wait for the Notice Period to Expire
Once the tenant has received the notice, they have time to respond. This notice period may vary based on the notice type. The tenant may decide to:
- Pay overdue rent
- Fix the lease violation
- Move out voluntarily
- Take no action
If the tenant complies with the notice, the eviction process may end. If they do not remedy the situation, you may move forward with a court case. Note that landlords in Oklahoma cannot force a tenant out by changing locks to the property, shutting off utilities, or removing personal property without an official court order 41 OK Stat § 123.
Step 4 – File a Forcible Entry and Detainer Action
If the tenant does not fix the lease violation or move out, you can file a Forcible Entry and Detainer (FED) action in your local court clerk’s office. You’ll have to file:
The petition explains why the landlord is seeking possession of the property. After the case is officially filed, the court will issue a summons and schedule a hearing.
As the landlord, you may not deliver the summons yourself. You must enlist the help of the county sheriff’s deputy or a licensed, professional process server. The court clerk may also coordinate service or appoint someone to complete the task (12 OK Stat § 2004).
The appropriate party should deliver the summons no less than three days before the court hearing date, and the date should not be less than five days from the date the summons is issued (12 OK Stat § 1148.16).
Step 5 – Attend the Eviction Hearing
Both you and the tenant must attend the hearing in Oklahoma and present evidence to support your positions. The judge then reviews the evidence presented and decides whether the property should be returned to you.
Step 6: Regain Possession of the Property
If you win the case, the court may issue a writ of execution that restores possession of the property. Oklahoma law requires that the tenant receive at least 48 hours’ notice. If the tenant remains in the rental unit after this time, law enforcement may carry out the court’s order and remove the tenant from the property (12 OK Stat § 1148.10A).
Sample Oklahoma Eviction Notice
Take a look at the sample Oklahoma eviction notice form below to see how to properly notify the tenant of unpaid rent or a lease violation. Once you’re ready, answer simple questions on our guided form and create your custom eviction notice. You can download the form in PDF or Word format.
