Oklahoma 5-Day Notice to Pay Rent or Quit

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Last Updated: January 28, 2023.

About this Form Set

This form set is a legally-compliant 5-Day Notice of Non-Payment of Rent for use in Oklahoma, complete with instructions and an affidavit of service. The documents have been professionally crafted to meet the requirements outlined in O.S. §41-9 and O.S. §41-131. This notice letter serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within the time frame specified in the notice or face eviction. The form letter is a standard, unlocked Microsoft Word document, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.
5-Day Notice to Pay Rent or Quit: Service Requirements in Oklahoma
  
  • Step 1: Read the lease.
    Before proceeding with the termination of the lease, the landlord must carefully review the tenant's lease agreement to determine whether the lease specifies a different period of time for the tenant to pay the overdue rent than the minimum number of five days required under Oklahoma law. If the lease specifies a period longer than five days that the landlord must wait before the tenant is in default, your notice to the tenant must reflect the correct number of days.
      
  • Step 2: Prepare the notice.
    The notice must include the date, the tenant's name, and the rental property address. It should also state that the landlord may terminate the tenancy if the tenant does not pay the overdue rent in full within five (5) days after the date of the notice. (O.S. §41-131.)
      
  • Step 3: Attempt to serve the tenant personally.
    This service can be performed by delivering the notice to the tenant in person or by mailing it to the tenant's last known address using U.S. certified mail, return receipt requested. If service is successfully hand-delivered to the tenant, skip steps 4-7, and wait the remainder of the five (5) day period before deciding whether to terminate the lease or file an eviction action. If the tenant attempts to cure the default by paying the past due amount in full within the five (5) day period, the landlord must accept that payment and not proceed with terminating the lease or filing an eviction action. (O.S. §41-9.)
      
  • Step 4: Attempt service on an alternate resident.
    If the tenant cannot be located, attempt to serve someone over the age of 12 who resides on the premises. The recipient must be made aware of the contents of the notice. (O.S. §41-9.)
      
  • Step 5: Tack and post the notice at a conspicuous location.
    If service cannot be performed by the use of reasonable diligence on the tenant or a person over the age of 12 residing on the premises, securely post the notice in a conspicuous place on the building or premises. If no building exists on the premises, securely post the notice in a conspicuous location. (O.S. §41-9.)
      
  • Step 6: Mail the notice by U.S, registered mail.
    Mail a copy of the notice to the tenant's last known address by U.S. registered mail. (O.S. §41-9.) Verify the lease does not specify a different address for the tenant to receive correspondence other than the address of the rental property.
      
  • Step 7: File suit after the waiting period ends.
    Wait for the notice to take effect. The notice will take effect after the end of the period (which must be at least 10 days) after the date of posting and mailing. (O.S. §41-9.)

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