If you’re a landlord seeking to evict a tenant, use an Oklahoma (OK) eviction notice to begin the process. Your eviction notice must be written according to the Oklahoma Landlord Tenant Act, state the reason for the eviction, and give your tenant the legally required amount of time to respond or move out.
In Oklahoma, eviction lawsuits are governed by Title 12 § 1148.1 through 1148.16 of the Oklahoma Statutes.
Eviction notices in Oklahoma are also known as:
- Oklahoma Notice to Quit
- Oklahoma Notice to Pay or Quit
- Oklahoma Notice to Vacate
- Oklahoma Lease Termination
Oklahoma Eviction Notices by Type
Download a free eviction notice customized for Oklahoma state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Oklahoma, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
15-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease.
For a violation of the lease agreement, the tenant must be given written notice of the terms that have been violated, and 10 days to fix (or “cure”) the problem. The landlord must wait another 5 days before filing an eviction lawsuit if the tenant doesn’t fix the violation — a total of 15 days from when the tenant first received notice.
5-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Oklahoma, landlords must give tenants five days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Eviction Lawsuit: Also called Forcible Entry and Detainer (§ 1148.1 to 1148.16)
- Grace Period for Late Rent Payment: None required.
- Non-Payment of Rent Notice: 5 days (41 O.S. § 131)
- Notice of Non-Compliance: 10 days to cure and 15 days to move out (41 O.S. § 132(B))
- Threat to Health and Safety: Immediate, no notice required for the following: 1.) if the tenant causes or threatens to cause harm to the rental unit or to another person on the premises, 2.) if the tenant commits any criminal activity that threatens the health, safety, or enjoyment of the premises by other tenants, 3.) if the tenant participates in any illegal drug-related activities on the premises. (41 O.S. § 132(D))
- Lease Termination (Month-to-Month): 30 days (41 O.S. § 131(A))
What is the Eviction Process in Oklahoma?
Step 1: Provide written notice
If a landlord wants to evict a tenant in Oklahoma, they must first provide written notice to the tenant, which states the potential reason(s) for eviction: non-payment of rent, non-compliance, or termination of a month-to-month tenancy. If the tenant poses a threat to other tenants or the property, no notice is required before filing for eviction.
Step 2: File for eviction
If the tenant fails to respond by the required time and remains on the property, the landlord files a Forcible Entry and Detainer (eviction) action in the local court where the property is located.
Landlords must state the reason they want the tenant to move out in the eviction complaint, and provide them with a copy of the initial written eviction notice. A landlord can request damages in this action (overdue rent or repair costs, court costs and attorney fees, etc.), but can only collect monetary damages if they sent the tenant notice as to why they’re evicting them via Certified Mail and posted a copy on their door.
The court will set a date for the hearing, return on that date to plead your case to the judge.
Step 3: Serve the tenant
A Deputy Sheriff will serve the tenant the summons once the landlord has filed the eviction with the court.
Step 4: File an execution
If the court rules in the landlord’s favor and grants them possession of their property, they then must file an execution. After filing, a Deputy Sheriff will post the Eviction Notice at the property.
State Law requires a minimum of 48 hours be given to the tenant(s) before their removal. A date and time will be set to complete the eviction. At the time of eviction, the landlord must meet with the Deputy Sheriff, who will then help take physical control of the property. The Deputy Sheriff will remove tenants still on the property at that time.
Related Court Forms
Forcible Entry and Detainer Petition: The complaint must be completed by the landlord or their lawyer, and include the reason(s) for eviction.
Forcible Entry and Detainer Summons: Notifies the tenant that they are being sued, and provides information on the court date and how to plead their case in court.
Eviction Information for Oklahoma Landlords and Tenants
You can only evict a tenant if you have a court order. It’s important to review the applicable laws governing eviction, and speak with a lawyer before proceeding. The Oklahoma courts website provides an outline for evictions.
If you receive an eviction notice, read it carefully to understand the reason for it and if you can cure it. If you want to hire a lawyer and the cost is too expensive, law school clinics and legal aid groups, such as Oklahoma Legal Aid, are available to help at affordable or no-cost rates. Additional information for tenants can be found at U.S. Hud Resources for Oklahoma.