What is an Oklahoma Eviction Notice or Notice to Quit?
When to use an Oklahoma Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- You wish to terminate a month-to-month tenancy.
- The lease has expired and the tenant has remained on the property.
5 DAY NOTICE TO PAY RENT OR QUIT
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Oklahoma
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS FIVE (5) DAY LEGAL NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH THE OKLAHOMA LANDLORD AND TENANT ACT § 131.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF OKLAHOMA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Oklahoma Eviction Notice FAQs
Can I evict my tenant(s) for nonpayment of rent in Oklahoma?
In general, the answer is yes, and you can use an Oklahoma Eviction Notice (more specifically known as a 5-Day Notice to Pay Rent or Quit) to initiate the process. That said, as a result of COVID-19, several limitations and protections have been put in place. Although the eviction moratorium was struck down at the federal level, the state of Oklahoma has the authority to create and enforce its own standards for residential evictions. Check out the ask a lawyer for further insight.
Why should I write an Eviction Notice in Oklahoma?
If you want to evict a tenant from your Oklahoma rental property, you must provide them with a Notice of Eviction as a first step. Some of the most common situations where you might need one include:
- The tenant is continuously late to pay rent or they are behind on payments
- The tenant is using the property illicitly
- The tenant violates the no-pets clause of your lease
- The tenant sublets your property in breach of the rental terms
- The tenant has caused material damage to the unit
- The tenant disturbs other renters
In addition to lease violations, a renter typically can be evicted by a property owner for other reasons that are not connected to a fault of their own, such as when the landlord plans to move in. Please note that the list presented above is not comprehensive and that the acceptable reasons for tenant eviction may change by municipality, among other factors. If you've got any particular questions or hesitations about Oklahoma eviction laws, you can connect with a lawyer.
How is an Oklahoma Notice to Vacate structured?
You can click on "Make document" to take a closer look at our Oklahoma Eviction Notice sample. Specifics that you usually may want to include are:
- The location and description of your property
- Contact information for the lessee
- What clauses in the lease have not been upheld
- How much of the rent is late (if appropriate)
- How much time the tenant has to resolve the situation
Of course, if the tenant isn't at fault for the eviction, you may wish to provide more details. Further customization is possible, if needed. It is important to make sure that any policies and terms that you make note of in the Eviction Notice are present in your tenancy agreement.
How will Oklahoma eviction laws affect me as a landlord?
Eviction laws can change over time and the actual legal process can be quite nuanced for a first-timer. In certain instances, there may be varying requirements depending on how long the tenant has occupied the unit and what the reason is for eviction. Consequently, it's highly recommended that every property owner consult a local eviction lawyer when planning to serve a Notice of Eviction on any tenant in Oklahoma.
Can I draft an Oklahoma Eviction Notice template online?
Luckily, you do not need to reinvent the wheel when making your document. With Rocket Lawyer, anyone should feel empowered to make Oklahoma Eviction Notices online with relative ease. Your document will be built step by step so you can feel confident that it has all of the relevant information that you'll need. This route is, in most cases, much more affordable and convenient than working with your average lawyer.
What would I normally need to pay to evict a tenant in Oklahoma?
The cost of finding and hiring a traditional legal provider to make a Notice of Eviction could cost several hundred dollars or thousands. Unlike most other eviction form providers that you may discover, Rocket Lawyer offers Premium membership holders up to 40% in savings when hiring a lawyer, so an Rocket Lawyer network attorney can review the situation and take action if you do proceed with a lawsuit. If you wish to know the full cost of eviction, you will need to take into consideration the court fees associated with filing the lawsuit, lawyer fees, the value of unrecovered payments, storage and/or cleaning fees, and lastly, the money and time spent finding a new tenant.
How much time does the Oklahoma eviction process normally take end to end?
The duration of the eviction process for Oklahoma renters will usually depend on the notice period required, in addition to the overall volume of proceedings that are occurring simultaneously. Below, you will find a general breakdown of Oklahoma notice periods:
- Non-payment of rent: 5-day notice
- Non-compliance with rental contract: 10-day notice to fix the issue or 15 days to move out
- No fault of tenant: 30-day notice
After your pre-defined notice period is over, the eviction itself may take anywhere from 2 to 7 weeks. It is important to note that with certain types of housing, for instance where rent is subsidized, the mandatory notice period is often longer.
Do I need to work with an attorney when evicting someone in Oklahoma?
While you may opt to draft a Notice of Eviction by yourself, many landlords who take tenants to court will have legal representation. Getting a lawyer to give feedback on your Oklahoma Eviction Notice may be expensive. An easier route is to request help from the Rocket Lawyer On Call® attorney network. As a Premium member, you can get your documents reviewed or send specific legal questions. Whether you produce additional copies of your OK Eviction Notice or other documents for landlords and property managers, Rocket Lawyer is here to help.
Is anything else required once I draft a Notice of Eviction/Notice to Quit in Oklahoma?
Upon finishing an Oklahoma Eviction Notice on Rocket Lawyer, you will have the ability to retrieve it from your account on any device. You also may engage with the document by editing it and saving it in PDF format or as a Word file. You must sign it before serving it on the tenant. You have a few options for serving the notice:
- Deliver the notice personally
- Work with a process server
- Send the notice through certified mail with a return receipt (if also posted to the door)
As a reminder, "self-help" evictions are illegal in Oklahoma. Property owners cannot shut off utilities and services, replace locks, remove property, or threaten their tenants in any way in an effort to remove them. Acting lawfully before and during the eviction proceedings will give you the best chance of removing tenants successfully with an official judgment from the court.