An Oklahoma Immediate Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for criminal drug activity or threatening the health, safety or peaceful enjoyment of others. The tenant is not allowed an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use an Oklahoma Immediate Notice To Vacate
An Immediate Notice To Vacate begins the eviction process for the following tenant violations:
- Presenting a danger to the premises
- Involvement in criminal drug activity
- Threatening the health, safety or peaceful enjoyment of others
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.
How To Write an Oklahoma Immediate Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- 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
- 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 Immediate Notice To Vacate
Oklahoma landlords may deliver a Notice To Vacate 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. A landlord may choose to deliver an Immediate Notice To Vacate on a day when the courthouse is open to begin eviction proceedings immediately, but this is not a legal requirement.
Sources
- 1 41 OK Stat § 41-132(D)
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Any criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises by other tenants committed by a tenant or by any member of the tenant’s household or any guest or other person under the tenant’s control or is a danger to 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
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.
