The Oklahoma eviction notice forms are required to alert a tenant who is in breach of a lease, that he or she is on notice of a potential eviction action (also known as a Forcible Entry and Detainer Action). There are different time periods required for tenant to respond, depending on the breach. Once the requisite time period has expired and tenant has failed to respond appropriately to the notice, a landlord can file a forcible entry and detainer action with the local court. You will have to file this action in your local small claims court in most cases. View a Sample Forcible Entry and Detainer Action and a Sample Summons. You will have to obtain a summons and have the summons and complaint served on tenant. If you prevail, the court will issue a Writ of Execution which requires the tenant to vacate immediately.
Notices By State
5-Day Notice to Quit (Non-Payment of Rent) – This form is for use when the tenant has failed to pay rent when it is due. The tenant will have five (5) days to respond before the landlord can file an eviction action in court.
10/15-Day Notice to Quit (Non-Compliance) – This form is for use when a tenant has failed to abide by the terms of the lease. The tenant will have ten (10) days to fix the issue or will face eviction at the end of the fifteen (15) day period.
30-Day Notice to Quit (Month to Month Tenancy) – This notice form is 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. If they do not vacate in time, they may be subject to an eviction process.
When is Rent Due
In Oklahoma, rent is due on the date set forth in the lease. If the rent is not received by the landlord by that date, the landlord may serve notice of non-payment and the tenant will have five (5) days in which to pay before further action is taken.
How to Evict (Process)
Step 1 – Before seeking redress from the courts to have a tenant removed, the landlord must first provide notice to the tenant of a breach. Then the landlord must wait the requisite period of time to allow the tenant to comply. If tenant fails to comply within the requisite period of time, landlord may move on to Step 2. The notices that may be sent, depend on the situation. There are four types:
- 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)
Step 2 – If the tenant has failed to comply with the notice sent and the landlord has waited the appropriate amount of time, landlord may the go to the local small claims court that services the area in which the property is located and obtain a forcible entry and detainer form and summons. Each court has different forms, but these are examples:
Step 3 – You will then have to have the complaint and summons served on tenant. You can hire a local process server to perform this service. You will then need a record of the service, as well as copies of the initial notice you sent to file with the court.
Step 4 – If the tenant does not respond to the summons or the judge finds in your favor, you will be able to ask the court for a writ of execution which will authorize the sheriff to remove the tenant from the premises.