An Oklahoma eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Oklahoma.
Types of Oklahoma Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Oklahoma law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
15-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Oklahoma if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Oklahoma landlords must provide tenants with a 15-Day Notice to Comply, giving the tenant 10 days to correct the issue to avoid eviction.
If the tenant doesn’t correct the issue within 10 days, they will need to move out within the 15-day deadline on the notice.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category. Landlords are not required to give tenants written notice for illegal activity.
If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.
The notice should include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 15-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Oklahoma, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Less Than Month-to-Month – If rent is paid in any period less than monthly, such as week-to-week, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month or At-Will Tenants – If rent is paid on a month-to-month basis, or tenants have an at-will tenancy, a landlord must provide the tenant with a 30-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 7/30-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in Oklahoma Eviction Notice
Oklahoma law doesn’t specify what information is required for all eviction notices at the state level. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified or registered mail.
Delivering Eviction Notices in Oklahoma
In the state of Oklahoma, landlords can deliver an eviction notice by any one of the following methods:
- Giving it to the tenant in person;
- Leaving a copy with a family member over the age of 12 who resides with the tenant; or
- Posting a copy of the notice in a conspicuous place at the rental unit AND mailing a copy via certified mail.
The notice may only be posted if neither the tenant nor a family member can be found at the rental unit.
Eviction Process in Oklahoma
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- Hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Oklahoma click here.
- 1 41 OK Stat §41-131 (2019)
B. A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord’s demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section.
- 2 41 OK Stat §41-111 (2019)
E. …shall be served…personally…If the tenant cannot be located, service shall be made…to any family member…over the age of twelve (12) years residing with the tenant. If service cannot be made…notice shall be posted at a conspicuous place on the dwelling unit…If the notice is posted, a copy…shall be mailed…by certified mail…
- 3 41 OK Stat §41-132 (2019)
B. …if there is a material noncompliance by the tenant with the rental agreement or with any provision of Section 127 of this title, the landlord may deliver to the tenant a written notice specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days…
- 4 41 OK Stat §41-111 (2019)
A. …month-to-month or tenancy at will…a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective… B. …when the tenancy is less than month-to-month…a written notice…at least seven (7) days before the date upon which the termination is to become effective.
- 5 41 OK Stat §41-132 (2019)
D. Any criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises…and any drug-related criminal activity on or near the premises by the tenant or by any member of the tenant’s household or any guest or other person under the tenant’s control shall be grounds for immediate termination of the lease.