No landlord wants to evict a tenant, but sadly, sometimes it’s the only option. During a tenant eviction, landlords must follow the proper eviction procedures like serving the tenant the right notice type depending on the violation committed.
If you fail to do so, the eviction against the tenant will fail. The court may even end up awarding the tenant damages for wrongful eviction.
Oklahoma landlords can evict their tenants for a myriad of reasons, with the most common ones being:
- Nonpayment of rent
- Gross violation of the terms of a lease or rental agreement
- Engaging in illegal activity while at the rental premises
- Refusing to leave at the end of the lease term
This post will cover the types of eviction notices to serve your tenants depending on the lease violation.
Overview of the Notice to Quit in Oklahoma
The first step to evicting a tenant begins with the termination of a lease agreement which you can only do so if you have a legal cause.
According to Oklahoma law, a legal cause would come in the form of a lease violation. Examples of these include nonpayment of rent, criminal activity, and property damage.
To end a tenancy due to such reasons, you must give your tenant an eviction notice.
There are various eviction notice types in Oklahoma. The type of notice to choose depends on the reason you’re evicting the tenant for.
Five-Day Notice to Pay Rent
Has your Norman, OK tenant stopped paying rent? If so, to begin their eviction, you must first serve them a 5-day notice to pay rent. The notice informs them that they have 5 days to pay rent or else face eviction.
Most tenants in this situation will pay up within the 5-day notice period. However, for the few that won’t, you can move to court and file for their eviction after the 5 days.
Ten-Day Notice to Remedy
Has your tenant violated the terms of the lease agreement? Perhaps they’ve kept an unauthorized pet or haven’t maintained the property reasonably. If so, you can begin the eviction process against them by serving them with a 10-day notice to remedy.
The notice informs the tenant that their lease will be terminated in 15 days if they don’t fix the violation within 10 days. Of course, if the tenant proceeds to fix the violation within the 10 days, then you must stop further eviction proceedings.
However, if the tenant doesn’t fix the violations within the 10-day window, then you can move to court and file for their eviction.
Thirty-Day Notice for No Lease/End of Lease
Do you have a holdover tenant and no longer want to continue renting to them? If so, you must serve them with an eviction notice. Usually, this type of eviction notice applies to a tenant whose lease has ended and the landlord doesn’t wish to renew it.
The notice period to give a tenant depends on the type of tenancy. For tenants who pay rent on a month-to-month basis, you must serve them with a 30-Day Notice to Quit.
Should the tenant remain on the premises after the notice period expires, you, the landlord, may proceed with the eviction process.
Evictions for Illegal Activity
You don’t need to give any notice to tenants who are involved in any illegal activity. You can proceed to court directly without giving them prior written notice.
In Oklahoma, illegal activity takes either of the following meanings:
- Drug-related criminal activity
- Criminal activity that threatens the safety, health, and peaceful enjoyment of other tenants.
Additionally, you may also evict a tenant for any of the following felony convictions:
- Sex offenses
- Possession of drugs
- Violence against someone else
Information to Include in an Oklahoma Eviction Notice
Regardless of the eviction notice type, the following is the information you’ll want to include in the notice:
- The date you served the notice on the tenant.
- The name and address of the tenant.
- The reason for serving the tenant with the eviction notice.
- Amount of time the tenant has to fix the violation if the violation is curable.
- A written statement specifying how the landlord served the notice to the tenant.
Laws to Follow for Serving a Notice to Quit in Oklahoma
You must follow certain regulations when it comes to serving eviction notices in Oklahoma. You can do so by:
- Giving the tenant a copy of the notice in person.
- Leaving a copy of the notice with an occupant who is aged at least 15 years.
- Mailing the tenant a copy of the notice via certified mail.
If all other methods fail, you may also be able to serve them by posting the notice in a conspicuous place on the rental unit.
The Outcome of Serving a Notice in Oklahoma
There are several outcomes to expect after serving a tenant an eviction notice. For instance, in the case of nonpayment of rent, a tenant will have two options, paying the due rent or moving out.
If the tenant chooses to pay rent within the notice period, then you must halt further eviction proceedings against them. But if they choose to stay without paying, then you can move to court and file for their eviction.
The other option the tenant has when they receive an eviction notice is to move out. If they move out without paying all rent due, you can use part or all of their security deposit to minimize your losses. And if the deposit isn’t sufficient, you can file a lawsuit against them for the balance.
You must follow Oklahoma’s legal eviction process by filing the correct notices. It’s also important as a landlord that you stay up-to-date on the state's landlord-tenant laws and other rental laws.
If you would like help with this or any other aspect of property management please reach out to trusted professionals at Draper Realty today!
Disclaimer: This information is only intended to be educational. Laws change and this post might not be updated at the time you read it. For expert help, kindly consider hiring the services of a qualified attorney or an experienced property management company.