Make a Oklahoma Eviction Notice

What are the Components of an Oklahoma Eviction Notice?

There are three types of Oklahoma eviction notices. They all have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

Oklahoma eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They also have specific components of their own.

Oklahoma 5-Day Notice to Quit for Non-Payment of Rent

A 5-day notice for non-payment of rent is used when the tenant doesn’t pay their rent on time. It gives the tenant five days from the date of the notice to pay their rent or vacate the premises. It is governed by § 41-131. The notice should include:

• The full amount of rent that is past due
• How the rent may be paid
• Where it should be paid
• The date by which it must be paid

Oklahoma 15-Day Notice to Quit for Curable Non-Compliance

A 15-day notice for non-compliance is an eviction notice governed by § 41-132(B). It puts the tenant on notice that they’ve violated the lease agreement in some way and that they have 15 days to correct the issue or leave the property. This notice is NOT used for late rent or for illegal or harmful activities. The landlord or property manager should:

• Give a clear explanation of how the lease was violated
• The date by which the issue should be corrected

Oklahoma Notice to Quit for Illegal Activity

There is no prescribed amount of notice required if there is illegal or harmful activity happening on the property according to § 132 (C-D). This form of eviction is used when a tenant engages in an activity that somehow threatens or endangers the health and safety of other tenants or damage to the property. The landlord may elect to tell the tenant to correct the condition immediately or they will revoke the lease agreement.

Oklahoma Lease Termination Letter – 7-Day Notice for Week-to-Week Tenancy

Ending a week-to-week tenancy can be done by either the landlord or the tenant. So, it’s not really an eviction notice. With this notice, the recipient is made aware that the tenancy is ending and that the property will return to the care and custody of the landlord in seven days. It is governed by § 41-111(B).

Oklahoma Lease Termination Letter – 30-Day Notice for Month-to-Month Tenancy

A 30-day notice to terminate a month-to-month tenancy is used to end a monthly rental or lease agreement. It can be drafted by either the tenant or the landlord. It should give the recipient 30 days of notice that the property should be vacated at the end of the 30 days. This notice is governed by § 41-111(A).

Service of an Oklahoma Eviction Notice

Service must be done in a way that the state considers legal. Those ways are personal service on the tenant, left with a resident of the rental property who is at least 15 years old, sent via certified mail, or posting the notice somewhere on the property where the tenant is likely to see it (such as the front door). After service, the landlord or property manager must wait for the statutorily prescribed amount of time to know whether the tenant will comply. If they do not comply by the end of the timeline, an eviction case may then be filed.

What are the Legal Considerations of an Oklahoma Eviction Notice?

An eviction notice must be legally served on the tenant, a member of the household who is at least 15 years old, through certified mail, or by leaving a copy of the notice on the front door or in another conspicuous place on the property. If the tenant doesn’t comply with the notice by the deadline, then a lawsuit may be filed against them.

Until the landlord or property manager receives a court order, they may not lock out the tenant, disconnect utilities, or remove the tenant’s property from the rental. Self-help eviction is the term used to classify those actions.

Landlords may not evict a tenant simply because the tenant reports the property to the housing authorities for code violations or uninhabitable conditions. Landlords have a legal obligation to maintain the property in a way that is safe and that creates a habitable living condition for the tenants. Landlords must follow federal and state law when it comes to their rental property. They may not evict someone because of their actual or perceived skin color, race, religion, country of origin, gender, disability, or family status.

If a landlord engages in illegal eviction of any kind, the tenant may have the legal right to sue for financial compensation. The landlord may also be fined if the court decides that they’ve broken state or federal law.

Eviction Information for Oklahoma Tenants

Oklahoma tenants have rights even during the eviction process. If you live in public housing and do not pay your rent, the eviction notice must provide a 14-day notice. It’s important for you to read and understand the contents of the eviction notice. You need to understand why it was issued and how long you have to either take care of the lease or rental agreement violation or vacate the property.

Not all evictions are legal. If the landlord does not have a court order, they cannot lock you out or disconnect the utilities. They also may not dispose of your belongings without a court order. It is also illegal for you to be evicted for reporting code violations or because of your race, color, religion, gender, disability, home country, or family status.

If you need to learn more about the eviction process in Oklahoma or if you think that you may have gone through an illegal eviction, you can talk with a landlord-tenant lawyer. They can evaluate the situation and advise you on your potential rights and the process. You can also contact legal aid and apply for pro bono or low-cost legal help. You can reach out to the University of Oklahoma College of Law, Oklahoma City University School of Law, or the University of Tulsa College of Law and ask if they have an active legal clinic. Sometimes, legal clinics offer services to tenants that are low-cost or free.

Eviction Information for Oklahoma Landlords

Oklahoma landlords must comply with both state and federal law. The eviction process for Section 8 and public housing is a bit different. So, if you’re a landlord that has a rental that is Section 8 approved, make sure that you do your research or talk with a landlord-tenant attorney to ensure that you follow the proper eviction laws and procedures.

Also, remember that as a landlord you must ensure that proper service of the eviction notice takes place and that you wait the full-time period for compliance. At the end of that time and if the tenant hasn’t complied, you may then file an eviction lawsuit. Until you get a court order, you cannot change the locks, disconnect utilities, or dispose of the tenant’s belongings. You also may not evict someone due to factors that both federal and state law says are discriminatory. This includes a person’s real or perceived race, gender, skin color, family status, religion, country of origin, and physical or mental disability. You also may not engage in retaliatory eviction. That is, you may not evict a tenant because the tenant reports you or the rental property to the housing authority because of code violations or uninhabitable conditions.

As a landlord, it is imperative that you understand how the eviction process works in Oklahoma. To learn more or to have your questions answered, contact a reputable landlord-tenant lawyer in the county where your rental property is located.