The Oklahoma thirty (30) day termination letter in order to cancel a month to month lease, according to § 41-111, can be used by the landlord or tenant to inform one another of the sender’s intention to terminate/cancel the lease agreement. The notice provides the recipient with 30 days notice (as required by Oklahoma State law). If the tenant is served with this notice, they must vacate the rental unit within 30 days of the service date. If they do not move out within the 30 day period, the landlord can obtain an eviction order in court by filing a “Forcible
Oklahoma Eviction Process & Laws | Free OK Eviction Notices
The Oklahoma fifteen (15) day notice to cure or quit, reference § 41-132(B), provides the tenant with ten (10) days to “cure” (i.e. fix) a correctable lease violation. If the tenant does not remedy the violation within the 10 day period, they must vacate the unit within five (5) days (the landlord can terminate the lease agreement after 15 total days). If the tenant does not comply with the notice within the 15 day period, the landlord can file a “Forcible Detainer and Entry” action in the small claims court of the county where the rental property is located. Download Link:
The Oklahoma five (5) day notice to pay or quit, in accordance with § 41-131, is required to be served on a tenant who has failed to pay rent. The notice informs the tenant that they have five (5) days to pay the past due rent, or vacate the premises of the rental unit. If the tenant does not pay the rent (or move out) within the five day period, the landlord can terminate the lease agreement and then file an eviction action in court. How to Write Step 1 – Download the notice and print it out ( .PDF format
The Oklahoma immediate notice to quit, in regards to Section 132(c) & 132(d), allows a landlord to give notice to a tenant who has committed criminal activity on the rental premises or caused/threatened damage to the property (or other tenants). The notice informs the tenant that the lease agreement is terminated effectively immediately, and that they must vacate the unit as soon as possible. If the tenant fails to vacate the unit, the landlord can immediately file an eviction lawsuit. Note: Eviction lawsuits are typically filed in the small claims/district court of the rental property’s county location. An example of
How to Evict a Tenant (Process)
Oklahoma State law requires that a landlord issue written notice to a tenant before an eviction lawsuit can be filed. The eviction notice must state the reason behind the eviction, as well as provide the tenant with a certain amount of time to cure (i.e. fix) the violation, pay the past due rent, etc. There are four general types of eviction notices that can be used; the 15 day notice to cure, (five) 5 day notice to pay, 30 day termination notice, and the immediate notice to quit/vacate.
Step 1 – The landlord must serve the tenant with the appropriate type of notice. The 15 day notice to cure provides the tenant with 15 total days notice, however the tenant only has 10 days to cure the violations (if they do not remedy the violations within 10 days, they must vacate the unit within 5 days). The five (5) day notice to pay is used when a tenant has failed to pay rent, it provides them with five (5) days to either pay the rent or vacate the unit. If they do not pay the past due amount within the five day period, the landlord can file an eviction lawsuit against them in district court. The 30 day termination notice is used to inform a month-to-month tenant of the landlord’s intention to terminate the lease agreement. The tenant has 30 days to vacate the rental unit, failure of them to move out within the 30 day notice period allows the landlord to file an eviction action against them.
Note: The notice must be served personally, left at the residence (with a resident at least 15 years old), or sent through certified mail and (a copy posted on the premises of the unit). The ‘immediate notice to quit’ can only be used when a tenant has committed a major healthy/safety hazard. Under Oklahoma law the landlord can immediately terminate the lease agreement and file an eviction lawsuit in court.
Step 2 – The tenant must be given the full period of time (as stated in the notice) to pay the past due rent, remedy the violation(s), or vacate the rental unit. Only after the tenant has failed to comply with the notice can then landlord file an eviction action in court.
Step 3 – If the tenant has failed to comply with the demands of the notice, the landlord must file an eviction lawsuit in the district court of the county where the rental property is located. In Oklahoma the eviction action is referred to as a “Forcible Entry and Detainer.” After the papers have been filed, the tenant will receive a Summons/Complaint. The tenant must be served the Summons/Complaint more than three days from the date of the hearing. The papers can only be served by a private process server/Sheriff, they cannot be served by the landlord.
Note: The Summons will inform the tenant of the date/time to appear in court. The Complaint will detail the specifics of the case against them (such as if the landlord is suing for possession, or possession and damages/back rent/legal fees).
Step 4 – Both the landlord and tenant must show up to court on the date of the hearing. Both parties will have the chance to present their side of the story to the judge. If a judgement is made in favor of the landlord, the tenant will be ordered to vacate the rental property within 48 hours (and may be required to pay damages – back rent, legal fees, etc. to the landlord). The tenant may be served the 48 hour notice to vacate by the landlord or Sheriff. If the tenant does not move out within 48 hours, the landlord can take possession of their property (and file a request with the court that the Sheriff physically evict the tenant from the premises of the property).