Oklahoma eviction law

If rent is unpaid when due, you may terminate the lease if the tenant does not pay within 5 days after your written notice demanding payment. That demand is also a demand for possession, so no separate notice to quit is needed.

41 O.S. § 131(B)

• You may sue for the unpaid rent at any time after it is due, or wait until the 5 days have run. 41 O.S. § 131(A)
• The demand may be given before or after you file a suit for the rent. 41 O.S. § 131(B)
• Serve written termination notices on the tenant personally; if the tenant cannot be found, deliver to a family member over 12 who lives there; otherwise post the notice in a conspicuous place on the unit and mail a copy by certified mail or through the Postal Service's firm mailing book for accountable mail. 41 O.S. § 111(E)

For a material breach of the lease or the tenant's duties, give written notice describing it and stating that the lease will end on a date at least 15 days after the tenant receives the notice unless the breach is fixed within 10 days.

41 O.S. § 132(B)

• If the tenant fixes the breach within the 10 days, the lease does not end for that breach. A later breach allows immediate termination on written notice. 41 O.S. § 132(B)
• For a breach that repair, replacement or cleaning can fix, if the tenant does not act within 10 days after written notice (or as fast as an emergency requires), you may do the work and bill the reasonable cost as rent due on the next rent date; you then cannot terminate for that breach. 41 O.S. § 132(A)
• If the breach causes or threatens imminent and irremediable harm to the premises or any person and is not fixed as promptly as conditions require, you may terminate by filing a forcible entry and detainer action right away. 41 O.S. § 132(C)
• Criminal activity that threatens other tenants' health, safety or peaceful enjoyment or endangers the premises, and drug-related criminal activity on or near the premises, by the tenant, a household member or a guest, are grounds for immediate termination. 41 O.S. § 132(D) 41 O.S. § 127
• Serve these notices the way termination notices must be served: on the tenant personally; if the tenant cannot be located, on a family member over 12 living with the tenant; and only if neither can be served, by posting in a conspicuous place on the unit and mailing a copy by certified mail or through the firm mailing book for accountable mail. 41 O.S. § 132(B) 41 O.S. § 111(E)

Oklahoma evictions are forcible entry and detainer actions in court. The Act sets the notices that come first; the court procedure itself is in Title 12, which was not read for this page.

41 O.S. § 105(B) 41 O.S. § 131(B)

• For unpaid rent, the 5-day written demand is also the demand for possession. 41 O.S. § 131(B) See Notice for unpaid rent on the Oklahoma page
• Rights under the Act may be enforced in any court with jurisdiction, including small claims, and may be pursued as part of a forcible entry and detainer action. The prevailing party in an action on the lease or the Act is entitled to reasonable attorney's fees. 41 O.S. § 105(B)
• For imminent and irremediable harm, you may end the lease by filing a forcible entry and detainer action right away. 41 O.S. § 132(C)
• A person living in the unit with no rental agreement and no tenancy you consented to may be told to leave without an eviction case; one who does not leave within a reasonable time commits a trespass. 41 O.S. § 111(G)
• Do not remove or lock out a tenant yourself. 41 O.S. § 123 See Lockouts and utility shutoffs on the Oklahoma page
• For a local filing example, Oklahoma County's Court Clerk publishes a forcible entry and detainer petition, summons and filing examples. The office describes eviction hearings as scheduled five to ten days after filing. Use the current county forms and the date on the issued summons, and check filing and service charges with the clerk. This local guidance does not promise the same total timeline in every county. Oklahoma County Court Clerk: small claims and eviction
• Oklahoma County instructs parties to attend on their court date even if service has not been completed. Prepare the lease, notices, service information, payment ledger and relevant photos; tell the judge about any service issue. Clerk staff can provide approved forms, schedules and procedural information, but cannot choose a legal strategy or fill out the claim for you. Oklahoma County Court Clerk: small claims and eviction

If you wrongfully remove or exclude a tenant from the unit, the tenant may recover possession in court or end the lease, and in either case recover up to twice the average monthly rent or twice actual damages, whichever is greater.

41 O.S. § 123

• If the lease ends that way, you must return all recoverable deposits and all prepaid and unearned rent. 41 O.S. § 123
• If you willfully or negligently fail to supply heat, running water, hot water, electricity, gas or another essential service, the tenant has the essential-services remedies, including ending the lease or getting substitute housing. 41 O.S. § 121(C) See Tenant repair remedies on the Oklahoma page
• Your lien on a tenant's property is limited and excludes many items, such as clothing, bedding, food, tools of a trade and medical devices. 41 O.S. § 133

If a tenant abandons, surrenders or is evicted and leaves property of apparent value, store it with reasonable care and send written notice by certified mail to the last known address that it will be deemed abandoned if not removed by the time stated. Property left with you for 30 days or longer is conclusively abandoned and may be disposed of in any reasonable way.

41 O.S. § 130(B)

• Property that in your judgment has no ascertainable or apparent value, and perishable property, may be disposed of without accounting to anyone. 41 O.S. § 130(A)
• You may store the property in the unit, at a cost not above its fair rental value, or at a commercial storage company at its actual charge plus removal; if the tenant reclaims it in time, you may collect storage costs and other amounts due under the lease. 41 O.S. § 130(C) 41 O.S. § 130(D)
• If you follow the section you are not liable for disposing of the property; if you deliberately or negligently violate it, you are liable for actual damages. 41 O.S. § 130(E)
• When a sole occupant dies, you may remove and store the property, release it, and the deposit less lawful deductions, to the person the tenant designated or another person lawfully entitled, and discard it only if you sent that person a certified-mail request, return receipt requested, the property was not removed by the 30th day after the postmark, and no one has claimed it before you discard it. You may ask tenants in writing to name that person. 41 O.S. § 130.1

The Oklahoma Residential Landlord and Tenant Act has no general anti-retaliation section. It bars one kind: you may not deny a tenancy to, or retaliate against, an applicant or tenant because they ended an earlier rental agreement as a victim of domestic violence, sexual violence or stalking.

41 O.S. § 113.3 41 O.S. §§ 101 to 136

• You also may not deny, refuse to renew or end a tenancy because an applicant, tenant or household member is a victim or alleged victim of domestic violence, sexual violence or stalking, with or without a protective order. 41 O.S. § 113.3 See Domestic violence, sexual violence and stalking on the Oklahoma page