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Oklahoma Eviction Notice Templates | Laws

An Oklahoma eviction notice is a document that landlords must use to inform their tenants of a lease termination that communicates the amount of time they have to move out or remedy the situation (if possible). The landlord is only required to give the tenant the opportunity to cure their lease violations in cases where the tenant has not paid rent on time or has broken the terms of their lease. Under these circumstances, the tenant can maintain their lease by fulfilling the terms of the notice. Otherwise, the tenant must move out before the notice expires or face the possibility of being formally evicted by the landlord.

Contents

By Type (4)

5-Day Notice to Quit for Non-Payment – Delivered to tenants who have overdue rent. Allows them five (5) days to pay their balance or move off the property.

Download: PDF, Word (.docx), OpenDocument
Laws: § 41-131

 


15-Day Notice to Quit for Non-Compliance – Gives a tenant ten (10) days to cure their non-compliance or move out fifteen (15) days from the date that the notice was delivered.

Download: PDF, Word (.docx), OpenDocument
Laws: § 41-132(B)

 


30-Day Notice to Terminate Month-to-Month Tenancy – Landlord and tenants can use this document to give notice that they are terminating a month-to-month rental agreement.

Download: PDF, Word (.docx), OpenDocument
Laws: § 41-111(A)

 


Immediate Notice to Quit for Illegal Activity – Landlords can use this form to order tenants to vacate their property when they have engaged in illegal activity on the premises.

Download: PDF, Word (.docx), OpenDocument
Laws: § 41-132(D)

 


Eviction Laws + Required Notices

  • Grace Period: Not mentioned in state statutes.
  • Non-Payment of Rent (§ 41-131): Five (5) Days
  • Lease Non-Compliance (§ 41-132(B)): Fifteen (15) Days
  • Periodic Tenancy Termination (§ 41-111(A)): Thirty (30) Days
  • Illegal Activity (§ 41-132(D)): No notice required.

How to Evict a Tenant

To evict a tenant in Oklahoma, a landlord will need to begin by assessing their situation to assure that they are within their rights to terminate their rental agreement. Tenants can only be evicted if they have broken the terms of their lease, failed to pay their rent on time, or if they have acted illegally on or around the rental property. Landlords must give all their tenants a written notice before terminating their lease. The notice period that the landlord is required to give depends on the reason for the termination.

Step 1 – Download and Complete Notice to Quit

Landlords can download and fill out the appropriate notice to quit from the list provided below to serve on their tenants. It is the landlord’s responsibility to serve them in accordance with state law and allow the appropriate notice period before commencing legal action against the tenant.

Step 2 – Deliver the Notice to Quit

In accordance with § 41-9, a notice to quit must be delivered by hand to the tenant (or cohabitant older than twelve (12) years of age) or posted on the property with an additional copy sent by registered mail. The individual who serves the notice should complete a Return of Service that attests to the method of delivery and the date that service was completed. If the tenant does not comply with the notice within the given period, the landlord will have the right to begin legal action against them.

Step 3 – Forcible Entry and Detainer

To begin an eviction lawsuit (also called a “forcible entry and detainer”), the landlord will need to file all of the following forms with the Small Claims Court that has jurisdiction over the rental property:

The Court Clerk will charge fees for filing and copying documents. It is recommended to ascertain the court’s fees and accepted methods of payment prior to filing a lawsuit.

The necessary forms should be obtained from the Court Clerk of the court in which the case will be filed. Court fee schedules can usually be found on the court’s websites.

Step 4 – Summons

The tenant must be served the Summons and Affidavit by a sheriff or personal process server. The landlord can pay a fee to the Court Clerk to have a sheriff serve the notice. Otherwise, they must make arrangements themselves to have a professional process server deliver the notice. The Summons relays the date that the hearing will take place and informs the tenant that their failure to appear will result in a judgment against them. After the tenant has been served, the server must complete a Certificate/Return of Service (Example) which, in turn, must be filed with the court.

Step 5 – Attend Hearing

Both parties must arrive at the trial on time and should both bring any evidence that will support their case. The judge will assess the landlord and tenant’s arguments before reaching a verdict. A decision in the landlord’s favor will result in them being awarded possession of their property. In the event that the tenant does win the case, they will not have to move out and may retain their current lease.

Step 6 –Writ of Execution

After receiving a judgment in their favor, the landlord will need to request that the Court Clerk file a Writ of Execution. Once the Writ has been filed, a deputy sheriff will be assigned to post a notice on the door of the tenant’s rental unit that informs them that they are illegally occupying the landlord’s property and must vacate or be physically removed and locked out. State law requires that tenants and their inhabitants be given at least forty-eight (48) hours to move out before they can be removed by law enforcement.


Court Forms + Resources

Forms

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