Notice: This is not legal advice. The author is not an attorney. Seek the advice of an attorney to obtain proper legal advice for specific situations.`
A 5 day notice to quit Oklahoma is used by the landlord to notify the tenant of a lease violation in the rental property or leave the property. A few types of common lease violations are Failure to pay the rent, performing illegal activities in the properties, having unauthorized pets or occupant, and failure to keep utilities on.
According to the statute § 41-141, the Oklahoma 5-day notice to quit would offer the tenant the time to either correct the issues, such as pay the rent or leave the property within a given period of time. If the tenant doesn’t pay the rent or move out from the premises within the time period of 5 days, then the landlord can file for the eviction process against the tenant at the nearest clerk’s office. Covid has added some caveats, but these are the basics.
Things That Need to Be Included in 5 Day Notice to Quit
The Oklahoma 5 day notice to quit must contain the date on which the notice to vacate is given, and the time frame in which the rental property should become vacant. Relevant details must be clearly indicated on the notice so that the other party understands its responsibilities. Here are some of the basic details that should be included in an Oklahoma 5 day notice to quit:
1. Who this applies to
- The Tenant’s Name and Address
- The Landlord’s Name and Address
2. The reason for the notice
- Failure to Pay Rent
- Lease Violation
- Lease Expired (i.e., Holdover Tenant)
3. Where the eviction is occurring
- The “Address” or the “Premises”
- The balance due
- A reference to the Lease about how the Tenant can fulfill their promise
5. The Time Frame
- The notice is in effect (the “Notice Date”)
- On a certain date (the “Deadline”), the tenant must either pay rent or vacate the Premises.
How To Serve a 5 Day Notice to Quit Oklahoma?
As a landlord, you must send the 5 day eviction notice Oklahoma to the tenant to ensure that your communication with the tenant is quick, clear, and efficient.
If the tenant is supposed to pay the rent by the 1st of the month but they didn’t pay the rent by the 3rd, then as a landlord you need to send a 5-day notice to quit for nonpayment of rent.
Make sure that the tenant receives the notice
It’s essential that your Oklahoma tenant receives the notice directly.
Post the notice on the door or hand-deliver it. Send if certified mail. When a notice is sent by certified mail, it takes effect on the day the notice is received/signed by the occupant, or five days after it is mailed, whichever comes first.
Once the notice is received, the tenant has a time period of 5 business days to fix the issue i.e pay the rent or leave the property. There is nothing for you to do at this point but wait for the tenant’s response. In the time of waiting, as a landlord, you can begin gathering relevant evidence that you would need for an eviction hearing in the court.
Move to the Court
If the tenant doesn’t correct the issue i.e pay the rent within a time period of 5 business days, the landlord can file against the tenants in the nearest clerk’s office on the 6th day along with a copy of a notice. The landlord needs to file for the eviction process as soon as possible to regain control over the property. The court date for eviction is usually seven calendar days from the date of filing.
Many times the judge will ask the tenant to work out and solve the issue with the landlord. If the tenant and the landlord have reached an agreement, then they should inform the judge that they have settled the dispute and what their agreement is. If the dispute is not settled, then the hearing process will begin. The judge will ask the tenant whether he or she has received the 5 days notice to quit and paid the rent or not. The tenant should tell the judge if he or she has not received a notice or has paid the rent in the grace period. The tenant must show the receipt to the landlord.
After hearing from the landlord as well as the tenant, the judgment process begins. If the landlord has followed all of the steps in the right way and the tenant owes money for rent, the judge can immediately take the decision in the favor of the landlord and order the tenant to leave out the property. Once the decisions come in the favor of the landlord, the landlord can use the security deposit to recover the rent from the tenant.
If the court give possession of the property to the landlord, the landlord must give the tenant the time period of 2 days i.e 48 hours for vacating the premises. The landlord can send the sheriff to give the notice to vacate the premises. If the tenant doesn’t vacate the premises within a given period of time then the landlord can change the lock of the property, or put them into storage. The landlord can charge the storage charge for putting the tenant’s belongings in the storage. If the tenants refuse to pay the storage charge, then the landlord can sell the belonging of the tenants, or throw them out.
Can a landlord put you out without taking you to court?
No, the landlord cannot usually evict you without taking you to the court. The landlord cannot change the lock of the property until the tenant has abandoned the property.
Does a 5-day notice include weekends?
No, the 5 day notice does not include the weekends. The 5-day notice applies only on business days.
Can the landlord force the tenant to leave?
Yes, the landlord can force the tenant to leave if the lease agreement has been finished.However generally the landlords provides the notice of termination to terminate the lease agreement.
How do you oppose an eviction?
The tenant can oppose an eviction by hiring a lawyer. Then the lawyer will draw up all legal papers and file at the court.