Oklahoma 10-Day Eviction Notice Overview
Oklahoma is one of the key states where the 10-day eviction notice plays a central role in landlord-tenant law. Under the Oklahoma Residential Landlord and Tenant Act (41 O.S. §101 et seq.), the 10-day notice is the required notice period for lease violations other than non-payment of rent. This makes Oklahoma distinct from many neighboring states that use different timeframes for similar violations.
The Oklahoma framework creates a structured three-tier notice system: a 5-day noticefor non-payment of rent (§131), a 10-day cure-or-quit noticefor lease violations (§132), and a 15-day unconditional quit noticefor repeat violations within 6 months (§132(C)). The 10-day notice specifically requires the landlord to describe the violation with enough detail that the tenant understands exactly what needs to be corrected. Oklahoma courts will dismiss eviction cases where the notice fails to adequately describe the breach.
10 Days
Lease violations
$58-$73
Filing fees
Cure
Right to fix
4-7 wks
Total process
When to Use Oklahoma's 10-Day Notice
The 10-day notice under 41 O.S. §132 is reserved for material lease violations that do not involve non-payment of rent. Common situations include:
- Unauthorized occupants living in the unit who are not on the lease
- Pet policy violations such as keeping prohibited animals or exceeding pet limits
- Excessive noise or nuisance behavior that disturbs other tenants or neighbors
- Property damage beyond normal wear and tear caused by the tenant
- Unauthorized alterations such as painting, structural changes, or satellite dish installation without permission
- Illegal activity on premises (though criminal activity may also support an immediate termination under §132A)
Do Not Use for Non-Payment
If the tenant has failed to pay rent, you must use Oklahoma's 5-day notice under 41 O.S. §131, not the 10-day notice. Serving a 10-day notice for unpaid rent uses the wrong statutory basis and can result in dismissal of the eviction action. Oklahoma courts are strict about matching the correct notice type to the correct violation.
Legal Requirements Under 41 O.S. §132
Oklahoma's 10-day notice must satisfy specific content and delivery requirements to be enforceable. The statute requires the landlord to clearly identify the violation and give the tenant a meaningful opportunity to cure.
Notice Content Requirements
- Written Format: The notice must be in writing. Verbal warnings or text messages do not satisfy the statutory requirement
- Specific Violation Description: Describe the exact lease provision being violated and the specific conduct or condition constituting the breach
- Cure-or-Quit Language: State that the tenant has 10 days to remedy the violation or surrender possession of the premises
- Lease Reference: Cite the specific section or paragraph of the lease agreement that the tenant has violated
- Repeat Violation Warning: Best practice is to include a statement that a repeat violation within 6 months may result in an unconditional 15-day termination notice
How to Serve a 10-Day Notice in Oklahoma
Oklahoma's service requirements are outlined in 41 O.S. §132. Proper service is essential because Oklahoma courts routinely dismiss eviction cases where the landlord cannot prove the notice was properly delivered.
Prepare the Written Notice
Include the specific violation, the lease provision violated, the 10-day cure period, and the consequence of failing to cure. Use our Oklahoma-specific template
Attempt Personal Delivery
Hand the notice directly to the named tenant. Bring a witness who can later testify about the delivery. Record the exact date and time
Use Alternative Service if Needed
If personal delivery fails, post the notice on the front door and mail a copy via first-class mail. Take a timestamped photo of the posted notice
Monitor the 10-Day Cure Period
Count 10 calendar days from the day after service. Inspect whether the violation has been cured. If cured, no filing is necessary
File the FED Action
If the tenant has not cured or vacated after 10 days, file a Forcible Entry and Detainer action in the Oklahoma District Court for the county where the property is located
Oklahoma Eviction Timeline
Oklahoma's eviction timeline for lease violation cases follows a structured progression mandated by the Residential Landlord and Tenant Act and Oklahoma court rules:
Days 1-10: The tenant has 10 days from service of the notice to cure the violation or vacate. The landlord should document whether the violation continues during this period. Day 11+: If the tenant has not cured or vacated, the landlord files an FED action in the district court. Filing fees are paid and the clerk issues a summons. Days 16-25: The court hearing is typically set within 5 to 10 business days of filing. The tenant is served with the summons at least 3 days before the hearing.
If the court rules in the landlord's favor, a writ of execution is issued. Under Oklahoma law, the tenant has 48 hours after service of the writ to vacate. If the tenant remains, the sheriff schedules the physical lockout, typically within 5-10 business days. Total process from initial notice to possession: approximately 4-7 weeks for uncontested cases.
Oklahoma Court Fees & Costs
Oklahoma eviction filing costs are set by state statute and are consistent across most district courts. Below are the standard fees for an FED action.
| Fee / Cost | Typical Amount |
|---|---|
| FED Filing Fee | $58 - $73 |
| Sheriff Service of Summons | $25 - $40 |
| Writ of Execution | $35 - $50 |
| Attorney Fees (if hired) | $350 - $1,200 |
| Sheriff Lockout Fee | $50 - $150 |
Sample Oklahoma 10-Day Eviction Notice
Below is a preview of an Oklahoma-specific 10-day cure-or-quit notice for lease violations. The completed document references 41 O.S. §132 and includes all required elements.
10-DAY NOTICE TO CURE OR QUIT
STATE OF OKLAHOMA
Pursuant to 41 O.S. §132
TO TENANT(S):
Name: [Full Legal Name]
Rental Address: [Oklahoma Property Address]
LEASE VIOLATION:
Violation: [Specific Description]
Lease Section: [Section Number]
NOTICE
You have TEN (10) DAYS from service of this notice to cure the above violation or vacate the premises. If you fail to cure the violation or surrender possession, the landlord will file a Forcible Entry and Detainer action pursuant to Oklahoma law. A repeat violation within 6 months may result in an unconditional 15-day termination notice under 41 O.S. §132(C).