An Oklahoma eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Oklahoma landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Oklahoma Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent | Yes |
| 15 Day Notice To Comply or Vacate | Lease Violation | Yes |
| Immediate Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
Oklahoma 5 Day Notice To Quit
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An Oklahoma 5 Day Notice To Quit evicts a tenant for nonpayment of rent. In Oklahoma, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay the past due balance or else move out within five (5) judicial days (i.e., not counting weekends and legal holidays).
Oklahoma 15 Day Notice To Comply or Vacate
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An Oklahoma 15 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action within ten (10) calendar days, or else move out within fifteen (15) calendar days.
Oklahoma Immediate Notice To Vacate
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An Oklahoma Immediate Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action, like engaging in criminal activity on or near the premises. Tenants must move out immediately upon receiving this notice.
Oklahoma 30 Day Notice To Vacate
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An Oklahoma 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Oklahoma
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Oklahoma
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
In Oklahoma, notice periods under eleven (11) days only count judicial days, i.e., they do not count weekends and legal holidays.
How To Serve an Eviction Notice in Oklahoma
Oklahoma landlords may deliver an eviction notice 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.
Sources
- 1 12 OK Stat § 12-2006
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TIME
A. COMPUTATION. 1. In computing any period of time prescribed or allowed by this title, by the rules of any court of this state, or by order of a court of this state, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes or any other day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time, in which event the period runs until the end of the next day which is not a legal holiday or a day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time. Except for the times provided in Sections 765, 990.3, 1148.4, 1148.5, 1148.5A, and 1756 of this title, when the period of time prescribed or allowed is less than eleven (11) days, intermediate legal holidays and any other day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time, shall be excluded from the computation.
Source Link - 2 Okla. Stat. tit. 41 § 111(E)
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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.
- 3 Okla. Stat. tit. 12 § 2006(D)
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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.
- 4 Okla. Bar Ass'n Access To Justice Com'te, A Guide to Resources Available to Property Owners and Renters Under the CARES Act
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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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