Oklahoma 5-Day Eviction Notice Overview
Oklahoma's residential eviction process is governed by the Oklahoma Residential Landlord and Tenant Act (ORLTA) at 41 O.S. Section 101 et seq. The state uses a 5-day notice periodfor non-payment of rent, making it one of the faster eviction timelines in the nation. Eviction cases are filed as "forcible entry and detainer" (FED) actions, typically in small claims court for residential cases.
Oklahoma has 77 counties, each with its own District Court. Tulsa County and Oklahoma County (Oklahoma City) handle the highest volume of eviction filings. Many Oklahoma evictions are processed through the small claims division with simplified procedures and lower filing fees. Oklahoma's landlord-friendly legal environment, combined with relatively low filing costs, makes the state one of the more efficient jurisdictions for processing evictions.
5 days
Notice period
$58 - $100
Court filing fee
Small
Court type
3-5 Wks
Total process
41 O.S. Section 131: Oklahoma's 5-Day Notice Requirement
Oklahoma Uses a 5-Day Notice
Oklahoma uses a 5-day notice period under 41 O.S. Section 131. This is a legitimate 5-day notice jurisdiction, unlike many states where a different notice period applies.
Under 41 O.S. Section 131, if rent is unpaid when due and the tenant fails to pay within 5 days after written notice by the landlord, the landlord may terminate the rental agreement. The notice must specify the amount of rent due and demand payment within 5 days. This is a straightforward pay-or-quit notice that gives the tenant the right to cure by paying in full.
Oklahoma provides different notice periods for different eviction grounds. Lease violations (other than non-payment) require a 15-day notice with at least 10 days to cure under 41 O.S. Section 132. Month-to-month tenancies require a 30-day termination notice. Criminal or drug-related activity permits immediate termination with no cure period.
Oklahoma Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 5 days | 41 O.S. 131 |
| Lease Violation (Curable) | 15 days (10 to cure) | 41 O.S. 132 |
| Month-to-Month Termination | 30 days | 41 O.S. 111 |
| Drug/Criminal Activity | Immediate (no cure) | 41 O.S. 132(C) |
Oklahoma Legal Requirements for 5-Day Notices
For a 5-day notice to be upheld in Oklahoma Small Claims/District Court, the notice must contain all elements required by state law. Judges will dismiss cases where the notice is deficient.
Required Notice Contents
- Tenant Names: Full legal names of all tenants on the lease
- Property Address: Complete address including unit number, city, and county
- Amount Due / Violation: Specific dollar amount of rent owed or description of the lease violation
- 5-Day Demand: Clear statement giving 5 days to pay or cure the violation
- Consequences: Warning that failure to comply will result in court action in Small Claims/District Court
- Landlord Information: Name, address, and contact details of the landlord or agent
- Date of Service: The date the notice is delivered, starting the 5-day clock
How to Serve a 5-Day Notice in Oklahoma
Proper service is essential under Oklahoma law. Small Claims/District Court judges dismiss cases where the landlord cannot prove proper service of the notice.
Personal Hand-Delivery (Preferred)
Deliver directly to the tenant. Bring a witness or use a process server for documentation.
Leave with Competent Adult
If the tenant is unavailable, leave with an adult (18+) at the property. Record the name and date.
Post and Mail
Affix to the main door and mail a copy via certified or first-class mail. Last resort when personal delivery fails.
Prepare Proof of Service
Complete an affidavit of service recording date, time, method, and witnesses. Required for court filing.
File After 5 Days Expire
Once 5 days pass without cure, file an eviction complaint at the Small Claims/District Court where the property is located.
Oklahoma Eviction Timeline
Oklahoma's eviction process is among the fastest in the nation. After the 5-day notice expires and the complaint is filed, the court schedules a hearing within 5 to 10 days in most counties. Oklahoma County and Tulsa County courts typically set hearings promptly.
At the hearing, the judge reviews the lease, notice, service records, and payment history. If the landlord prevails, the court issues a judgment for possession. The tenant typically has 48 hours to vacate after the judgment is entered.
If the tenant does not leave, the landlord obtains a writ of execution, and the sheriff enforces the removal. Self-help evictions are prohibited under 41 O.S. Section 123. The total process from notice to enforcement typically takes 3 to 5 weeks for uncontested cases.
Oklahoma Eviction Filing Fees & Costs
Below are the typical costs for an eviction in Oklahoma. Fees vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Filing Fee | $58 - $78 |
| District Court Filing Fee | $78 - $100 |
| Service of Process | $20 - $40 |
| Attorney Fees (Uncontested) | $400 - $1,200 |
| Writ of Execution | $35 - $75 |
Sample Oklahoma 5-Day Eviction Notice
Below is a preview of the Oklahoma-specific notice referencing 41 O.S. Section 131.
FIVE-DAY NOTICE
STATE OF OKLAHOMA
Pursuant to 41 O.S. Section 131
TO TENANT(S):
Name(s): [All Tenant Names]
Property: [Full Oklahoma Address]
County: [Oklahoma / Tulsa / Cleveland / etc.]
DEMAND:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to 41 O.S. Section 131, you have FIVE (5) DAYS from service to pay the total amount due or vacate the premises.
OKLAHOMA COMPLIANCE
This notice complies with Oklahoma law under 41 O.S. Section 131. The 5-day period is the statutory requirement.