Quick answer: An Oklahoma landlord generally needs three things to remove a residential tenant: the right written notice under the Oklahoma Residential Landlord and Tenant Act, a forcible entry and detainer case in district court, and a court-issued writ carried out after 48 hours’ notice. For unpaid rent, the notice is five days. For other lease violations that can be fixed, it is 10 days to fix and at least 15 days to termination. For a month-to-month tenancy, it is 30 days.
This is general information, not legal advice about your property.
The rules below come from the Oklahoma Residential Landlord and Tenant Act, which starts at Section 101 of Title 41, and the forcible entry and detainer provisions in Title 12 of the Oklahoma Statutes.
What notice does an Oklahoma landlord need to give?
The notice depends on why the tenancy is ending.
| Reason | Notice under the Act | Section |
|---|---|---|
| Unpaid rent | Tenant has 5 days after written demand for payment; the demand counts as a demand for possession | 41 O.S. § 131 |
| Material lease violation that can be remedied | Written notice that the lease ends on a date at least 15 days after receipt unless the breach is fixed within 10 days | 41 O.S. § 132(B) |
| Ending a month-to-month tenancy | Written notice at least 30 days before termination | 41 O.S. § 111(A) |
| Ending a tenancy shorter than month to month | Written notice at least 7 days before termination | 41 O.S. § 111(B) |
| Lease for a definite term | Expires on its end date without notice, unless agreed otherwise | 41 O.S. § 111(C) |
A few details make a difference:
- Unpaid rent. Under 41 O.S. § 131, the landlord may sue to recover rent at any time after it is due, and the five-day notice may be given before or after filing. Because the demand for past-due rent is deemed a demand for possession, no further notice to quit is needed.
- Repeat violations. Under 41 O.S. § 132(B), if the tenant fixes a breach within the 10 days, the lease does not end for that breach. A later breach can be grounds, on written notice, for immediate termination.
- Holdovers. If a tenant stays after the lease ends or is terminated without the landlord’s consent, 41 O.S. § 111(D) lets the landlord sue right away for possession and damages. If the holdover is willful and not in good faith, the landlord may also recover up to twice the average monthly rent for the holdover period.
How must the notice be served?
41 O.S. § 111(E) says the written notice to terminate must be served on the tenant personally unless the law specifies otherwise. If the tenant cannot be found, it may be delivered to a family member over 12 years old who lives with the tenant, and the statute provides further methods, including posting, if neither can be served. Keep a copy of the notice and a written record of how and when it was served. A notice that was not properly served can delay the whole case.
What happens in court?
An eviction case in Oklahoma is a forcible entry and detainer action. Under 12 O.S. § 1148.3, it covers tenants holding over their terms, among other situations. The timeline is fast:
- Filing and summons. The landlord files in district court. Under 12 O.S. § 1148.4, the summons sets a trial date not less than 5 nor more than 10 days after it is issued, and states the relief the landlord is asking for and the amount of the judgment if the tenant does not appear.
- Service. Under 12 O.S. § 1148.5, the summons must be served at least 3 days before trial. It can be left with a person over 15 who lives at the property, or sent by certified mail postmarked at least 3 days before trial if personal service cannot be made with reasonable diligence. 12 O.S. § 1148.5A allows posting on the premises, at least 5 days before trial, only for deciding the right to possession.
- Trial. The judge hears the case and decides possession and any money claims.
- The writ. If the landlord wins, the court can issue a writ. Under 12 O.S. § 1148.10A, the tenant must be notified in person or by posting that the landlord or officer will return in 48 hours to restore possession by executing the writ.
What should a landlord avoid?
Self-help. 41 O.S. § 123 says if a landlord wrongfully removes or excludes a tenant, the tenant may recover possession through the courts or end the lease, and in either case recover up to twice the average monthly rent or twice actual damages, whichever is greater. Changing the locks, removing doors or shutting off utilities to force a tenant out invites that claim.
What about the deposit and property left behind?
Two more parts of the Act come up at the end of most tenancies:
- Security deposit. Under 41 O.S. § 115, deposits must be held in an escrow account at a federally insured institution in Oklahoma. The landlord may apply the deposit to accrued rent and damages, itemized in a written statement, and must return any balance within 45 days after the tenancy ends, possession is delivered and the tenant makes a written demand. If the tenant makes no written demand within six months, the deposit reverts to the landlord.
- Property left behind. Under 41 O.S. § 130, property with no apparent value may be disposed of. Property with apparent value requires written notice by certified mail to the tenant’s last known address, and property left for 30 days or longer is conclusively considered abandoned. The landlord must store it with reasonable care in the meantime.
How should landlords keep their paperwork in order?
Use a written lease, keep a rent ledger, put every notice in writing and keep proof of service. If you own rentals through an LLC, sign leases and file cases in the company’s name; see how to form an LLC in Oklahoma. If you inherited a rental through an estate, our guide to probate in Oklahoma explains who has authority to act for the estate.
How can Nation Law Firm help?
Jon Nation represents Oklahoma landlords in real estate and eviction matters, from preparing notices to handling the case in court. Nation Law Firm is in downtown Tulsa at 624 S Denver Ave, Suite 300, and serves Tulsa and the surrounding counties. To talk through your situation, call 918-730-9417 or contact the firm.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship.
