Oklahoma Eviction Notice

Introduction

Key Things to Know

1. 1

   An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a forcible entry and detainer (FED) action in court.

2. 2

   Nonpayment of rent gets a 5-day written demand for payment. Under Oklahoma law, that demand for past-due rent is itself a demand for possession, so no separate notice to quit is required for a nonpayment case. (41 O.S. Section 131(B))

3. 3

   A material lease violation other than rent (curable) gets a written notice specifying the acts and omissions constituting the breach. The tenant has 10 days from receipt to remedy it; if not remedied, the agreement terminates on a date stated in the notice that must be at least 15 days after receipt. (41 O.S. Section 132(B))

4. 4

   Two grounds are incurable: noncompliance causing or threatening imminent, irremediable harm to the premises or a person, and criminal or drug-related activity threatening other tenants. Both let the landlord move to terminate the tenancy immediately, with no cure period. (41 O.S. Section 132(C), (D))

5. 5

   The governing law is the Oklahoma Residential Landlord and Tenant Act, 41 O.S. Sections 101 to 135. A related quirk lives at the end of a lease: once a fixed lease term expires, Oklahoma requires no notice at all before the landlord may seek possession from a tenant who holds over. (41 O.S. Section 111(C), (D))

6. 6

   Notice must be served personally on the tenant first. If the tenant can't be located, it may be served on a family member over age 12 living with the tenant. If neither works, the landlord posts the notice on the dwelling unit and mails a copy by certified mail. (41 O.S. Section 111(E))

7. 7

   There's no state-mandated form for the notice itself, but the law requires specific content: the rent-demand notice must state the amount due, and the noncompliance notice must specify the acts and omissions and the termination date. (41 O.S. Sections 131(B), 132(B))

Oklahoma Requirements for Eviction Notice

• Notice Period for Nonpayment of Rent (41 O.S. Section 131(B))

  5-day written demand for payment. The demand for past-due rent is deemed a demand for possession of the premises, so no further notice to quit is required for this ground. The notice may be given before or after the landlord files a forcible entry and detainer action.

• Service of Notice Requirements (41 O.S. Section 111(E))

  Personal delivery to the tenant is required first. If the tenant cannot be located, service is made by delivering the notice to a family member of the tenant over age 12 residing with the tenant. If service cannot be made on the tenant personally or on such a family member, the notice must be posted at a conspicuous place on the dwelling unit, with a copy also mailed to the tenant by certified mail.

• Notice Period for Curable Lease Violations (41 O.S. Section 132(B))

  Written notice specifying the acts and omissions constituting the noncompliance. The tenant has 10 days from receipt of the notice to remedy the breach; the rental agreement terminates on a date stated in the notice that must be not less than 15 days after receipt, unless remedied within the 10 days.

• Governing Residential Landlord and Tenant Act (41 O.S. Sections 101-135)

  The statutory basis for every notice type on this page: the Oklahoma Residential Landlord and Tenant Act, 41 O.S. Sections 101 through 135. Includes the holdover rule that a tenancy for a definite term expires without notice, so the landlord may immediately bring an action for possession if the tenant remains after the term ends. The court process that follows a non-cured notice is separately governed by the Forcible Entry and Detainer Act, 12 O.S. Section 1148.1 et seq.

• Unconditional Termination for Incurable Violations (41 O.S. Section 132(C), (D))

  No cure period applies to noncompliance that causes or threatens imminent and irremediable harm to the premises or a person, where the landlord may terminate by immediately filing a forcible entry and detainer action, or to criminal activity threatening other tenants' health, safety, or peaceful enjoyment, or drug-related criminal activity, which the statute treats as grounds for immediate termination of the lease.

• No Prescribed Form, Mandatory Notice Content (41 O.S. Sections 131(B), 132(B))

  There is no government-mandated fill-in-the-blank form for the pre-filing notice. Specific content is required by statute instead: the rent-demand notice must state the amount due, and the noncompliance notice must specify the acts and omissions constituting the breach and the date the rental agreement will terminate.

• No-Cause Termination Notice Period (41 O.S. Section 111(A), (B))

  Distinct from the for-cause notices above: ending a month-to-month tenancy or tenancy at will without cause requires at least 30 days' written notice, and ending a tenancy that is less than month-to-month requires at least 7 days' written notice.