Oklahoma eviction notice and late fee rules

Notice for unpaid rent

5 days — A landlord may terminate a rental agreement for unpaid rent if the tenant fails to pay within five days after written notice of the landlord's demand for payment.

Ending a month-to-month tenancy

A month-to-month tenancy or tenancy at will may be ended by written notice at least thirty days before the termination date, running from service of the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

What we could not verify for Oklahoma: No late-fee cap or grace period in Title 41 (Residential Landlord and Tenant Act); no general retaliatory-eviction statute found in Title 41 (only domestic-violence-related anti-retaliation in 41 O.S. 113.3); no statewide just-cause rule.

Notice for unpaid rent

A landlord may terminate a rental agreement for unpaid rent if the tenant fails to pay within five days after written notice of the landlord's demand for payment.

“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.”
Okla. Stat. tit. 41, § 131(B)

The five-day demand notice may be given before or after the landlord files a rent action, and a demand for past-due rent is deemed a demand for possession, so no further notice to quit is needed.

“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.”
Okla. Stat. tit. 41, § 131(B)

Paying to stop an eviction

If the tenant adequately remedies the breach within the ten days, the agreement does not terminate for that breach; a later breach is grounds for immediate termination on written notice.

“If within the ten (10) days the tenant adequately remedies the breach complained of, or if the landlord remedies the breach according to the provisions of subsection A of this section, the rental agreement shall not terminate by reason of the breach. Any subsequent breach of the lease or noncompliance under this section shall be grounds, upon written notice to the tenant, for immediate termination of the lease.”
Okla. Stat. tit. 41, § 132(B)

Notice for other lease violations

For material noncompliance with the rental agreement or § 127, the landlord may serve written notice that the agreement will terminate on a date at least 15 days after receipt unless the breach is remedied within 10 days.

“the landlord may deliver to the tenant a written notice served as provided in subsection E of Section 111 of this title specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days.”
Okla. Stat. tit. 41, § 132(B)

Ending a month-to-month or other periodic tenancy

A month-to-month tenancy or tenancy at will may be ended by written notice at least thirty days before the termination date, running from service of the notice.

“when the tenancy is month-to-month or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective.”
Okla. Stat. tit. 41, § 111(A)

A tenancy shorter than month-to-month may be ended by written notice served at least seven days before the termination date.

“when the tenancy is less than month-to-month, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in subsection E of this section at least seven (7) days before the date upon which the termination is to become effective.”
Okla. Stat. tit. 41, § 111(B)

Lockouts and utility shutoffs

If a landlord wrongfully removes or excludes a tenant, the tenant may recover possession through court or terminate the agreement after notice, and in either case recover up to twice the average monthly rent or twice actual damages, whichever is greater.

“If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit, the tenant may recover possession by a proceeding brought in a court of competent jurisdiction, or terminate the rental agreement after giving notice of such intention to the landlord, and in either case recover an amount not more than twice the average monthly rental, or twice his actual damages, whichever is greater.”
Okla. Stat. tit. 41, § 123

If the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential service contrary to the agreement or § 118, the tenant may give written notice specifying the breach and then pursue the remedies listed in § 121(C).

“if, contrary to the rental agreement or Section 118 of this title, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may:”
Okla. Stat. tit. 41, § 121(C)

Retaliation

A landlord may not deny a tenancy or retaliate against a tenant because the applicant or tenant previously terminated a rental agreement as a victim of domestic violence, sexual violence, or stalking.

“A landlord shall not deny a tenancy or retaliate against a tenant because the applicant or tenant has previously terminated a rental agreement because the applicant or tenant is a victim of domestic violence, sexual violence or stalking.”
Okla. Stat. tit. 41, § 113.3

What the notice must say and how it is delivered

Termination notices must be served on the tenant personally; if the tenant cannot be located, on a family member over twelve living with the tenant; otherwise posted conspicuously on the unit with a copy mailed by certified mail or the Firm Mailing Book for Accountable Mail.

“If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Post Office.”
Okla. Stat. tit. 41, § 111(E)

The summons must be served at least three days before the day of trial; it may be left with a person over fifteen residing on the premises, or, if that cannot be done with reasonable diligence, served by certified mail postmarked at least three days before trial.

“The summons may be served as in other cases except that such service shall be at least three (3) days before the day of trial, and the return day shall not be later than the day of trial, and it may also be served by leaving a copy thereof with some person over fifteen (15) years of age, residing on the premises, at least three (3) days before the day of trial; or, if service cannot be made by the exercise of reasonable diligence on the tenant or on any person over the age of fifteen (15) years residing on the premises, the same may be served by certified mail with return receipt postmarked at least three (3) days before the date of trial.”
Okla. Stat. tit. 12, § 1148.5

Court deadlines and the eviction case

A forcible entry and detainer summons directs the defendant to appear for trial not less than five nor more than ten days from the date the summons is issued.

“which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued.”
Okla. Stat. tit. 12, § 1148.4

No answer by the defendant is required before the time for trial.

“No answer by the defendant shall be required before the time for trial of the cause.”
Okla. Stat. tit. 12, § 1148.6(C)

A provision that § 113(A) prohibits, if included in a rental agreement, is unenforceable.

“A provision prohibited by subsection A of this section and included in a rental agreement is unenforceable.”
Okla. Stat. tit. 41, § 113

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Oklahoma rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Oklahoma have to give for unpaid rent?

A landlord may terminate a rental agreement for unpaid rent if the tenant fails to pay within five days after written notice of the landlord's demand for payment. (Okla. Stat. tit. 41, § 131(B)).

How much notice is needed to end a month-to-month tenancy in Oklahoma?

A month-to-month tenancy or tenancy at will may be ended by written notice at least thirty days before the termination date, running from service of the notice. (Okla. Stat. tit. 41, § 111(A)).