Oklahoma Eviction Notice Forms are official documents sent by a landlord to alert a tenant who has violated a rental agreement that their lease might be terminated. They are useful when the tenant has either failed to pay rent or caused damage or harm to the property and other residents. If the tenant fails to respond to the notice within the requisite period, the landlord can file an eviction lawsuit or Forcible Entry and Detainer with the local court.
How to Evict a Tenant in Oklahoma
Step 1: Send a Notice
The landlord must send the violating tenant notice before filing an eviction action in court. Depending on the tenant’s breach, one of the following notices may apply:
- An Immediate Notice to Quit
- A 5-Day Notice to Quit for Non-Payment of Rent
- A 15-Day Notice to Quit for Non-Compliance
- A 30-Day Notice to Quit/ Lease Termination
Step 2: File a Petition and Summons
Once the landlord sends the notice, they must allow the tenant the requisite time to fix the violation or move out of the property. If the tenant fails to comply by the deadline, the landlord may file a Forcible Entry and Detainer at the local court where the property is located.
Step 3: Serve the Tenant
After filing an eviction action, the landlord must serve the tenant with the Petition and Summons through a local process server. The tenant will then be allowed a specified amount of time to respond.
Step 4: Obtain a Writ of Possession
If the tenant fails to respond to the served documents or the judge finds in the landlord’s favor, the landlord may obtain a Writ of Execution from the court. This document permits the sheriff to remove the evicted tenant from the property.
When Is Rent Due in Oklahoma?
Rent is due in Oklahoma on the date reported in the rental agreement signed by both parties. If it is not paid by that date, the landlord may send a 5-day notice to pay or quit.
Oklahoma Eviction Laws and Requirements
No Oklahoma statutes currently address a rental grace period for tenants, but a tenant may receive a 5-day notice from the tenant to pay rent or vacate the premises, under Title 41 § 131. If the tenant fails to pay rent (or otherwise comply with a notice), the landlord may file an eviction lawsuit or Forcible Entry and Detainer as provided for in § 1148.1 to 1148.16. Other Oklahoma eviction laws include:
- Title 41 § 132(D), an immediate notice to cure or vacate for creating a threat to health and safety.
- Title 41 § 132(B), a 10-day notice to cure or 15-day notice to move out for non-compliance.
Title 41 § 131(A), a 30-day notice for lease termination
Related Oklahoma Court Forms
Eviction documents are usually available in the local court where the landlord will file a Forcible Entry and Detainer action. The documents used in Oklahoma County are:
- Petition – Document filed by a landlord to begin an eviction lawsuit against a tenant for failing to pay rent or breaching the rental agreement.
- Summons – Document sent to a tenant to inform them that an eviction lawsuit has been filed against them and they must appear in court.
- Affidavit – Statement signed by the landlord to confirm that a tenant owes them a specified amount of money for rent.
How to Write an Oklahoma Notice to Quit
Step1: Obtain the original lease agreement and refer to it when drafting this notice.
Step 2: Copy the tenant’s full name to the notice as it is written in the lease. Include the property address, and lease signature date.
Step 3: Supply a suitable subject line that explains the type of notice you are sending.
Step 4: In the first paragraph, summarize the lease details and quoting from the lease or Oklahoma laws, mention the tenant’s violation.
Step 5: Describe the violation in detail and prescribe a course of action as appropriate:
- For nonpayment of rent – Mention the rental period for which the rent is due, the due amount, and the recipient agent, then give the tenant 5 days to pay or move.
- For noncompliance – Define the violation and give the tenant 10 days to fix it or 15 days to move out of the premises.
- For Immediate Danger or Harm – Describe the harm or immediate danger caused by the tenant and ask them to vacate the premises immediately.
- For a lease termination – Explain your plan to terminate the lease agreement and give an effective date that is at least 30 days from the next rent payment date.
Step 6: Verify your intent to take legal action against a tenant if they do not comply with your instructions by the deadline.
Step 7: Authenticate the letter by signing under your name.
Step 8: (for the deliverer) State the date and address of delivery and the recipient’s name. describe the method of delivery as either delivered by hand to the tenant or to a reliable member of the tenant’s household, or sent via USPS First Class Mail. Sign under this information.
Immediate Notice to Quit
An Oklahoma Immediate Notice to Quit is a document sent to a tenant that has created conditions which may cause other people or the property irremediable or imminent harm. It informs the tenant that they must remedy the condition or move out immediately.
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
This is to notify you that you have violated the lease agreement dated {signature date} by {describe the violation}. Under Oklahoma laws, and because your actions caused irremediable or imminent harm to the {property/other tenants}, you are required to move out of the premises immediately. If you do not comply, the landlord will file an eviction lawsuit against you.
Sincerely,
{Your Name}
{Your Signature}
5-Day Notice to Quit (Non-Payment of Rent)
The Oklahoma 5 Day Notice to Quit for Non-Payment of Rent gives a tenant 5 days to pay due rent or face lease termination from the landlord. The tenant may maintain their tenancy by paying the unpaid amount within 5 days of the notice.
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
As per the rental agreement signed {signature date}, you hold possession of the property located at {address} in exchange for rent payment in the amount of {amount}. You have not done so for the {date} to {date} renal period and currently owe {total amount} in due rent.
Please take notice that you must pay this amount to {agent’s name} within 5 days after the service of this notice or surrender possession of the property to the landlord. If you fail to comply by {date}, the landlord will file a lawsuit against you to recover the premises and other damages.
Sincerely,
{Your Name}
{Your Signature}
10/15-Day Notice to Quit (Non-Compliance)
The Oklahoma 10/15 Day Notice to Quit for Non-Compliance is sent to a tenant that has committed a material noncompliance of the lease agreement. It defines the violation and gives the tenant 10 days to fix it or face a lease termination on the 15th day after the service of the notice.
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You are hereby notified that you have violated the rental agreement signed {signature date} for the property on {address} by {describe violation}. As per Oklahoma laws, you have 10 days from the service of this notice to cure the matter or surrender possession of the premises to the landlord within 15 days of this notice.
Sincerely,
{Your Name}
{Your Signature}
30-Day Notice to Quit (Month to Month Tenancy)
The Oklahoma 30-Day Notice to quit is a legally necessary document used to terminate a rental agreement within 30 days by a landlord or tenant. It gives an effective date for the lease termination and discusses the return of the security deposit.
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
In accordance with section §41-111, I, the {landlord/tenant} for the property on {address} hereby elect to terminate the lease dated {signature date}, effective {30-day notice}.
Upon delivering possession of the premises to {landlord’s name}, the landlord will send the security deposit in {full/partial amount} to {mailing address}.
Sincerely,
{Your Name}
{Your Signature}
Oklahoma Immediate Notice to Quit
Oklahoma 5-Day Notice to Quit (Non-Payment of Rent)
Oklahoma 10/15-Day Notice to Quit (Non-Compliance)
Oklahoma 30-Day Notice to Quit (Month to Month Tenancy)
Oklahoma Eviction Notice Forms are a legal requirement in the state for when a landlord wishes to evict a tenant from their property for violating a rental agreement. It explains the breach and allows the tenant an opportunity to rectify it (unless it constitutes illegal activity) or move out of the property. If the tenant fails to comply with this notice, the landlord can move to court to file for legal action.
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