Oklahoma Eviction Notice Requirements
Under Oklahoma's Residential Landlord and Tenant Act, a landlord may end a rental agreement for unpaid rent if the tenant does not pay within 5 days after written notice. For a lease violation that can be fixed, the notice must give the tenant 10 days to correct it and state that the agreement ends no sooner than 15 days after the tenant receives it. A month-to-month tenancy ends with at least 30 days' written notice.
The notice should be in writing, state the rent owed or describe the breach, and give the deadline. It must be served on the tenant personally or, if the tenant cannot be located, delivered to a family member over the age of 12 who lives there. If neither is possible, the notice is posted conspicuously on the unit and a copy is mailed by certified mail. Keep a dated copy and proof of service.
If the tenant does not pay, cure, or move out, the landlord files a forcible entry and detainer action in court, and the tenant can appear and respond. A landlord who wrongfully removes or excludes a tenant can be ordered to restore possession and pay up to twice the average monthly rent or twice the tenant's actual damages, whichever is greater, under 41 O.S. § 123. A landlord should use the court process rather than self-help to regain possession.
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Oklahoma: common questions
How long is a pay-or-quit notice in Oklahoma?
Five days. Under 41 O.S. § 131, the landlord may terminate the rental agreement if the tenant fails to pay within 5 days after written notice of the landlord's demand for payment. That demand also counts as a demand for possession, so no separate notice to quit is needed.
How much time does an Oklahoma tenant have to fix a lease violation?
Ten days. Under 41 O.S. § 132, the notice must describe the breach and state that the agreement will end on a date at least 15 days after receipt unless the breach is remedied within 10 days. A later breach after that notice can be grounds for immediate termination on written notice.
How do I end a month-to-month tenancy in Oklahoma?
Give written notice at least 30 days before the termination date, under 41 O.S. § 111. The 30 days run from the date the notice is served. A tenancy shorter than month-to-month, such as week-to-week, needs 7 days' written notice.
Where are Oklahoma eviction cases heard?
Eviction cases are called forcible entry and detainer actions. A landlord may file one once the notice period has passed, and in cases of imminent and irremediable harm to the premises or any person, 41 O.S. § 132 allows the landlord to file immediately. The tenant receives a summons and can respond in court.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Oklahoma | 5 days | 10 days | 30 days |
| Arkansas | 3 days | 14 days | 30 days |
| Colorado | 10 days | 10 days | See statute |
| Kansas | 3 days | 14 days | 30 days |
| Missouri | See statute | 10 days | See statute |
| New Mexico | 3 days | 7 days | 30 days |
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