A well-prepared and legally compliant Oklahoma eviction notice is the first step to a successful eviction. Create your own printable notice form for free today with step-by-step help and personalized templates.
Last Update July 21st, 2021
Oklahoma Eviction Notice Types
It’s necessary to provide the correct type of Oklahoma eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under OK statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Oklahoma when completing an eviction.
Immediate Notice to Quit
Landlords may issue an Immediate Notice to Quit in the case of tenants who are causing significant damage or posing a serious risk of harm to the health and safety of fellow residents. This is an incurable notice and allows the property owner to press charges immediately if the tenant doesn’t vacate as instructed.
5-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court
10/15-Day Notice to Quit (Non-Compliance)
In the case of a lease violation, the landlord may issue an OK 10/15-Day Notice to Quit for Non-Compliance. This will often give the tenant 10 days to correct the breach. If they don’t cure the issue they will need to leave 15 days after the notice was given.
30-Day Notice to Quit (Month-to-Month)
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter.
If this is used, the tenant must leave the property within 30 days of this notice being delivered.
Be aware, however, if you continue to accept rental payments during this period, the notice will be considered null and void. This also does not include any payments of owed back rent.
Oklahoma Eviction Laws
An eviction notice in Oklahoma is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with OK law.
In Oklahoma, you may evict someone for the following reasons:
|Nonpayment of rent||5 days' notice|
|Lease violations||15 days' noticeto correct, 15 days’ notice to vacate|
|Lease termination||30 days' notice|
|Risk to health and safety||Immediate|
Oklahoma Eviction Process
Evicting a tenant in Oklahoma follows a strict legal process. When issuing an eviction notice, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as an eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
To complete an eviction process in Oklahoma, you will need to:
Serve an eviction notice with the correct notice period and a legal reason to evict.
File for an eviction in a local court if the tenant doesn’t obey the notice.
Attend the court hearing in person to make your case to the judge.
Request a Writ of Execution from the clerk of the court if the judge rules in your favor.
Deliver the Writ to local law enforcement, so they may carry out a forced eviction in 2 days.
FAQs About Oklahoma Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Oklahoma’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Oklahoma?
To successfully evict a tenant in Oklahoma state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court for Forcible Entry and Detainer. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in Oklahoma?
The eviction process in Oklahoma usually only takes around 2-7 weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 5 days from when the notice has been served.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Oklahoma eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.