Oklahoma Statewide Rule
Oklahoma Eviction Notice: 5-Day Demand for Nonpayment Under § 131
Key Facts
- Nonpayment notice
- 5 days after written demand for payment (§ 131(B))
- Other breaches
- 10-day cure, 15-day termination (§ 132(B))
- Imminent harm
- Immediate termination by filing FED (§ 132(C))
- Court process
- Forcible entry and detainer action required to evict
- Statutes
- Okla. Stat. tit. 41 §§ 131, 132
Summary
Under Okla. Stat. tit. 41 § 131, an Oklahoma landlord may terminate for unpaid rent if the tenant fails to pay within 5 days after written demand. Other lease breaches get a 10-day cure with 15-day termination under § 132. After notice expires, the landlord files a forcible entry and detainer (eviction) action in court.
A. If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter or the landlord may wait until the expiration of the period allowed for curing a default by the tenant, as prescribed in subsection B of this section, before bringing such action. B. A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section. Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.
Full Breakdown
Okla. Stat. tit. 41 § 131(B) lets a landlord "terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment"; the demand for past-due rent is itself deemed a demand for possession. For other curable breaches, § 132(B) requires written notice that the agreement terminates no less than 15 days after receipt unless the tenant remedies the breach within 10 days. Breaches threatening imminent, irremediable harm allow immediate termination by filing a forcible entry and detainer (FED) action under § 132(C). After the notice period runs, the landlord brings the FED eviction case in court; self-help lockouts are not permitted.
Violations & Penalties
No specific statutory penalty for serving notice, but a landlord must obtain a court judgment in a forcible entry and detainer action before removing a tenant; self-help eviction (lockouts, utility shutoffs) is unlawful and exposes the landlord to tenant remedies.
Frequently Asked Questions
How many days' notice for nonpayment eviction in Oklahoma?
What notice applies to other lease violations in Oklahoma?
Can an Oklahoma landlord lock a tenant out without going to court?
Sources
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