Updated March 18, 2024
An Oklahoma eviction notice is a document required to notify a tenant that they are in breach of their lease and facing potential eviction. There are different periods required for the tenant to respond, depending on the breach. Once the requisite period has expired without the tenant’s response, a landlord can file a forcible entry and detainer action with the local court.
By Type (4)
5-Day Notice to Quit (Non-Payment of Rent) – Used when the tenant has failed to pay rent when it is due. The tenant will have five days to respond before the landlord can file an eviction action in court.
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10/15-Day Notice to Quit (Non-Compliance) – Used when a tenant has failed to abide by the terms of the lease. The tenant will have 10 days to fix the issue or will face eviction at the end of the 15 day period.
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Immediate Notice to Quit (Danger and Harm) – Used if the tenant is causing immediate danger and harm to others and/or the premises.
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30-Day Notice to Quit (Month-to-Month Tenancy) – Used to inform a party of the impending end of a month-to-month tenancy and that they will have to vacate at the end of the 30-day period.
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Table of Contents |
Prohibited Landlord Actions
Utility Shutoff – If the landlord willfully fails to supply heat, running water, hot water, electric, gas, or other essential services, the tenant is excused from paying rent during the landlord’s noncompliance.[6]
Changing the Locks – If a landlord wrongfully removes or excludes a tenant from their unit, the landlord is liable for up to twice the monthly rent or up to double the tenant’s actual damages, whichever is greater.[7]
Court Forms
When filing a Forcible Entry and Detainer action, the landlord must obtain the requisite paperwork from the local court where the property resides. The following documents are designated for use in Oklahoma County.
Petition – Filed by the landlord when seeking to evict a tenant for non-payment or non-compliance with the lease.
Summons – Provided to the tenant to notify them that they must vacate the premises or appear in court to show cause why they should be permitted to stay.
Affidavit – A sworn statement made by the landlord attesting that they are owed a specific amount of money from the tenant.
How to Evict a Tenant (4 steps)
- Provide Notice to Tenant
- File Forcible Entry and Detainer
- Serve Petition and Summons on Tenant
- Obtain Writ of Execution If Necessary
1. Provide Notice to Tenant
Before filing for an eviction with the court, the landlord must first notify the tenant of the breach using one of the forms below:
- Immediate Notice to Quit (Violation according to § 132(C) and (D))
- 5-Day Notice to Quit (Non-Payment of Rent)
- 15-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month-to-Month Tenancy)
If the tenant fails to comply within the requisite period of time, the landlord may move on to Step 2.
2. File Forcible Entry and Detainer
If the tenant has failed to comply with the notice within the requisite timeframe, the landlord may initiate the eviction process by filing a Forcible Entry and Detainer. The paperwork needed for this filing can be obtained from the local court where the property resides.
The filing fee for a Forcible Entry and Detainer in an Oklahoma district court is $85.[8]