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The Oklahoma eviction notice is a letter the landlord drafts and issues to the tenant to inform them that they wish to terminate the lease agreement. The landlord must also mention the reasons for the eviction and the period in which the tenant must leave the property.
For some minor violations, the landlord can give the tenant an option to remedy the violation and stop the eviction process. For more serious violations, the landlord can evict the tenant without giving them such an option.
Types of Eviction Notices in Oklahoma
The type of Oklahoma eviction notice the landlord should use mostly depends on the type of lease and the reason for the eviction.
Notice to Pay Rent or Quit
In Oklahoma, the landlord can evict the tenant for not paying the rent on time. The landlord must issue an eviction notice, giving the tenant at least 5 days to pay the due rent or leave the property. If the tenant does neither of these things, the landlord can file an eviction lawsuit.
Notice for Non-compliance
If the tenant breaks the lease agreement terms or the terms of the Oklahoma landlord-tenant law, the landlord can use this type of eviction notice to terminate the lease. The landlord must give the tenant at least 10 days to fix the issue. However, if the tenant fails to fix the issue, they must leave the property within 15 days of receiving the eviction notice.
Notice for Illegal Activity
If the tenant commits any illegal activities at the property, the landlord can issue an eviction notice instructing them to immediately leave the property. The landlord is not obliged to offer the tenant the opportunity to fix the issue and remain at the property.
Notice for Terminating the Month-to-Month Lease
The landlord can use this type of notice to evict the tenant that remained at the property after the lease term ended (holdover tenant) or if there is no set lease term (week-to-week or month-to-month tenancy).
For a month-to-month tenancy, the landlord must give the tenant at least 30 days' notice before the eviction. However, with this kind of notice, the landlord doesn’t have to provide the reason for the eviction since there is no set lease term that must be terminated.
Eviction Laws and Requirements in Oklahoma
Laws & Requirements
Rent payment grace period. No provision in the Oklahoma statute.
Notice for non-payment of rent. 5 days (Title 41 § 131)
Notice for non-compliance. 10 days to remedy, 15 days to evict (Title 41 § 132(B))
Notice for illegal activity. Immediate (Title 41 § 132(D))
Periodic lease termination. 30 days for a month-to-month lease (Title 41 § 131(A))
Eviction process. Forcible entry and detainer (§ 12-1148.1—12-1148.16)
When Is Rent Late in Oklahoma?
In Oklahoma, the rent is considered late as soon as the due date is over. In practice, if the due date is the first of the month, the rent is late, starting on the second day of the month.
The due date is usually determined in the lease agreement. If nothing is provided in the lease agreement, it is usually considered to be the first day of each pay period (first day of the week, first day of the month).
There is no legal grace period provided in Oklahoma, and the rent payment doesn’t get delayed over weekends and public holidays.
Grounds for Eviction in Oklahoma
The landlord can evict the tenant in Oklahoma for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent on time
When the tenant violates the lease agreement
If the tenant violates the Oklahoma landlord-tenant law
In case the landlord wants to terminate the week-to-week or month-to-month tenancy
Eviction Process in Oklahoma
The eviction process in Oklahoma can involve different steps depending on the type of lease, the reason for the eviction, and the actions of the tenant in the eviction process.
#1. Write a Notice
Before initiating any action before the court, the landlord will first issue an eviction notice to the tenant, giving them a certain deadline to voluntarily leave the property. In some cases, the landlord will also give the tenant the option to fix the violation they’ve committed and stop the eviction.
The landlord can hand the notice to the tenant in person, by posting it in a visible place at the leased property, or by sending it via certified mail. In any case, the landlord should have proof that they’ve delivered the eviction notice to the tenant.
#2. File the Complaint
If the tenant doesn’t abide by the instructions in the eviction notice, the landlord can file an eviction lawsuit with the relevant court. They can do so by filing the complaint form and paying an $85 filing fee to the court’s office. The landlord should also attach a copy of the eviction notice and proof of service with the complaint form.
#3. Serve the Tenant
The sheriff or other relevant body will serve the tenant with the summons at least 3 days before the court hearing. The summons will inform the tenant about the relevant information regarding the eviction procedure initiated against them and the date and time of the court hearing. The tenant has the option to file an answer with the court and provide their arguments to the court before the hearing.
#4. Wait for Court’s Judgment
The court will issue a default judgment in the landlord's favor if the tenant fails to appear for the court hearing. If both parties appear before the court, the court will then hear the arguments from both parties and make its final decision. Each party then has the right to appeal.
If the tenant is still present at the property after the appeal period is over, the landlord can request that the court issue a Writ of Execution. This document will authorize the sheriff to forcefully evict the tenant from the property.
Other Eviction-Related Forms in Oklahoma
Other Eviction-Related Forms
Complaint. The landlord uses this form to initiate the eviction procedure before the court and provide the court with all the relevant details about the parties and the dispute.
Summons. This document informs the tenant that there is an eviction lawsuit filed against them and that a court hearing has been held.
Answer. The tenant uses this document to provide the court with their arguments in the eviction procedure or to address the claims of the landlord.
Affidavit. This document serves as a sworn statement by the landlord that the tenant owes them a specific amount of money.
Eviction Information for Landlords in Oklahoma
The landlord in Oklahoma is not allowed to use illegal methods of evicting the tenant. The illegal methods of eviction include the following:
Eviction Information for Landlords
Shutting off the utilities at the leased property
Removing the tenant’s belongings from the property
Changing the locks at the property
The landlord can forcefully evict the tenant only after obtaining a Writ of Execution from the court.
Eviction Information for Tenants in Oklahoma
When receiving the eviction notice, the tenant should make sure it provides the following:
Eviction Information for Tenants
Reason for the eviction that is provided in the Oklahoma landlord-tenant law as a reason for the eviction.
Option to remedy the violation (if applicable)
Advance notice not shorter than the period provided by the Oklahoma landlord-tenant law
The tenants in Oklahoma can seek additional information and help through the U.S. Hud Resources for Oklahoma.
How to Write an Eviction Notice in Oklahoma
Oklahoma Eviction Notice Checklist
Oklahoma Eviction Notice FAQ
You can file an eviction notice in the following situations:
When the tenant fails to pay the rent
If the tenant violates the lease agreement
In case the tenant violates the Oklahoma landlord-tenant law
When the landlord wants to terminate the holdover or periodic lease
The landlord in Oklahoma must file an eviction notice before initiating any other eviction-related action. If the landlord files an eviction lawsuit without submitting a copy of the eviction notice, the court will dismiss the lawsuit.
The eviction process in Oklahoma can last anywhere between 2 and 7 weeks, depending on the reason for the eviction and the tenant's actions in the eviction process.
No, the Oklahoma Statute provides the minimum amount of time that the landlord must leave for the tenant to leave the property, and for all eviction reasons, the notice period is longer than 3 days.