Oklahoma 5 Day Notice to Pay or Quit

An Oklahoma 5 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.

When To Use an Oklahoma 5 Day Notice To Quit

An Oklahoma 5 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

Some types of Oklahoma lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

warning

Many Oklahoma properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

How To Write an Oklahoma 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

Use the full name of the receiving party, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis for terminating the tenancy, and payment necessary to avoid termination
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve an Oklahoma 5 Day Notice To Quit

Oklahoma landlords may deliver a Notice To Quit using any of these methods:

Hand delivery to the tenant
If hand delivery to the tenant fails: Hand delivery to a person at least age 12 on the premises who can accept the notice on behalf of the tenant
If hand delivery to anyone on the tenant’s premises fails: Posting to a conspicuous place on the premises, PLUS delivery by certified mail or by mailing through the Firm Mailing Book for Accountable Mail

To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 41 OK Stat § 41-131: 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.
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2 Okla. Bar Ass'n Access To Justice Com'te, A Guide to Resources Available to Property Owners and Renters Under the CARES Act: CARES Act Section 4024(b) prohibits landlords of certain rental ‘covered dwellings’ from initiating eviction proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the nonpayment of rent. These protections extend for 120 days from enactment (March 27, 2020). Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. (Quoting Congressional Research Service, CARES Act Eviction Moratorium, CRS Insight at 1 (April 7, 2020), https://crsreports.congress.gov/product/pdf/IN/IN1132)
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3 Okla. Stat. tit. 41 § 111(E): The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Post Office. If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail. For the purpose of this subsection, the word “landlord” shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title.

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4 Okla. Stat. tit. 12 § 2006(D): Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, third-party commercial carrier or electronic means, three (3) days shall be added to the prescribed period; provided, however, when a summons and petition are served by mail, a defendant shall serve an answer within twenty (20) days or thirty-five (35) days if pursuant to subsection A of Section 2012 of this title, after the date of receipt or if refused, the date of refusal of the summons and petition by the defendant.

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