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Eviction notices in Oklahoma

Source: 41 O.S. § 131; § 132; § 111(E); 12 O.S. §§ 1148.4-1148.10A · Checked against the statute

Unpaid rent
5 days (pay or move out)
Lease violation
10 days (fix it or move out)
Serious or repeat violation
Immediate (no waiting period)

Oklahoma eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

A landlord may terminate the rental agreement for unpaid rent if the tenant does not pay within 5 days after written notice of the landlord's demand for payment. The demand may be given before or after the landlord files the eviction case, and the demand for past-due rent counts as a demand for possession, so no other notice to quit is needed (41 O.S. § 131(B)).

Can the tenant pay to stop it? The tenant can stop termination by paying the rent within 5 days after the written demand.

Type:
Pay or move out
Notice period:
5 days
Law:
41 O.S. § 131(B)

Notice for a lease violation

For a material breach of the lease or of the tenant duties in 41 O.S. § 127, the landlord may deliver written notice describing the breach and stating that the lease will end on a date at least 15 days after receipt unless the breach is fixed within 10 days (41 O.S. § 132(B)). If not fixed within 10 days, the lease ends on the date in the notice.

Chance to fix it: The tenant has 10 days after receiving the notice to fix the breach; if fixed, the lease does not end.

Type:
Fix it or move out
Notice period:
10 days
Law:
41 O.S. § 132(B)

Serious, repeat or illegal-activity violations

Criminal activity that threatens other tenants' health, safety or peaceful enjoyment, and drug-related criminal activity on or near the premises by the tenant, a household member or a guest, are grounds for immediate termination of the lease (41 O.S. § 132(D)). Any later breach after a cured breach is grounds for immediate termination upon written notice (§ 132(B)). If a breach causes or threatens imminent and irreparable harm and is not fixed as promptly as conditions require after notice, the landlord may terminate by filing the eviction case immediately (§ 132(C)). No fixed waiting period applies.

When it applies: Criminal activity threatening the health, safety or peaceful enjoyment of other tenants, drug-related criminal activity on or near the premises, a repeat breach after a cured breach, or a breach causing imminent and irreparable harm.

Notice period:
Immediate (no waiting period)
Law:
41 O.S. § 132(B)-(D)

How the days are counted

The landlord-tenant act does not say how to count the 5-day or 10-day periods. The 30-day termination period in § 111(A) runs from the date notice is served. Under 25 O.S. § 82.1, Saturdays, Sundays and listed legal holidays are holidays, and an act required on a holiday may be performed on the next business day (25 O.S. § 82.1(A), (C)). No statute adds days for mailed notice.

How the notice must be delivered

Personally on the tenant. If the tenant cannot be found, by delivering it to a family member over 12 who lives with the tenant. If neither is possible, by posting it in a conspicuous place on the dwelling and also mailing a copy by certified mail (or through the Postal Service Firm Mailing Book for Accountable Mail) (41 O.S. § 111(E); § 132(A)-(B)).

If the tenant doesn't pay, fix it or leave

The landlord files a forcible entry and detainer case in district court. The summons sets a trial 5 to 10 days after it is issued (12 O.S. § 1148.4) and must be served at least 3 days before trial (§ 1148.5). The tenant does not have to file an answer before trial (§ 1148.6(C)). After judgment, the tenant gets notice that the landlord or officer will return in 48 hours to execute the writ (§ 1148.10A). A landlord who wrongfully removes or excludes a tenant owes up to twice the monthly rent or twice actual damages (41 O.S. § 123).

Also good to know

  • If rent was withheld in a good-faith claim that the landlord failed to provide minimum services (with written notice to the landlord within 10 days of the due date), the court order must let the tenant pay the judgment, costs and fees within 72 hours to avoid the writ and stay (12 O.S. § 1148.10B).
  • Jury trials are not available for the possession claim itself (12 O.S. § 1148.7, as amended by Laws 2024, c. 110, eff. Nov. 1, 2024).
  • The Oklahoma State Courts Network (oscn.net) statute pages are behind a CAPTCHA; the Legislature's official compiled titles were used instead.

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.