Normally, rental agreement obligations terminate upon their expiration date. But there are exceptional cases when the landlord has no other choice but to ask the tenant to move out from the premises. Certain contract violations precede these actions.
A rental agreement is a serious commitment where both sides depend on each other enormously. It is always designed to protect the tenant’s rights and the landlord’s income and property. To avoid any misunderstanding in the future, always pay attention to the local legal peculiarities and specific regulations. Hereunder, we provide you some important information on Oklahoma eviction notice templates and the eviction procedures in Oklahoma.
Rental relations and procedures in the state are regulated by the Oklahoma Statutes (Title 41) and by the Forcible Entry and Detainer Act. Under these regulations, the owner can ask the resident to vacate the dwelling unit.
If there are no contradictions, the parties may terminate their agreement by a simple Termination Notice. One should issue a 30-day notice to end a monthly tenancy and a 90-day notice to end a yearly one. But there are cases when parties just cannot come to an agreement.
The landlord cannot just ask the tenant to leave. A lawful reason should apply. The most common reason for an eviction is a late rent payment. When the tenant fails to pay the rent, regardless of the reason, the landlord is entitled to warn him or her about the upcoming consequences. The tenant, in turn, has some time to comply with the landlord’s requirements before the latter files for a lawsuit. The court can impose sanctions or penalties upon the defendant.
Any eviction notice template shall contain the following information:
Take a closer look at the Eviction Notice types that exist in the state.
There are four types of an Eviction Notice used in the state. As we have already established, the eviction form is used towards a tenant who breached the lease contract conditions.
Immediate Notice to Quit
It is applied when the tenant or authorized occupants have caused irreparable damage to the subject premises. In this case, the landlord issues such a document to promptly warn the residents about immediate eviction and lease termination. Usually, criminal activity or a direct threat to the health and security of others causes immediate termination.
5-Day Notice to Quit Due to Non-Payment
It is issued when the tenant does not pay his rent. The landlord can use such notice at any point of non-payment. Once the tenant receives the notice, he has to comply with the requirements within five days. If he or she fails to do so, the landlord can terminate the agreement unilaterally.
10 to 15-Day Notice to Quit Due to Non-Compliance
One can use it when a fact of material non-compliance takes place. If the tenant is not fulfilling his material obligations entirely, the landlord can serve this document. The tenant has to obey within ten days, or the lease will be terminated by the landlord once fifteen days run out.
30-Day Notice to Quit
Either party is entitled to use it to end a monthly tenancy. That is a so-called termination at will. Any of the two sides can serve a 30-day notice describing an intention to vacate the premises or have them vacated. The landlord then provides a security deposit return disclosure or explains the partial return.
You will need a relevant Eviction Notice form to fill in. You can find a copy online, download it, and print it out. But we suggest a much easier way. Just use our software developments to build the necessary legal form.
An eviction shall be performed by the local norms and legal procedures. The landlord launches the process with one of the four eviction notices.
If the lessee does not comply within the determined period, the case goes to court. The second phase of the eviction process begins when the landlord files for a Forcible Entry and Detainer. Ask for a checklist of the required documents at the nearest court.
At the third stage, the landlord has to fill out the Petition and Summons. These are specific court forms that we will talk about later in this piece. The proprietor can even hire a specialist to get the job done. The proprietor should possess the service records and send them to court along with the initial eviction announcement copy.
And then comes the final stage of the eviction process. Now the court has to decide who is right. If the defender does not respond to the charges or if the judge decides in the landlord’s favor, a Writ of Execution (Title 12-1148.10 of the Oklahoma Statutes) comes into force. With this document, a local sheriff will be able to remove the tenant from the property.
There are three court forms that local authorities can use as a base for an eviction process. Once the decision is made, the landlord fills out the corresponding court forms.
First up, the landlord has to fill out the Petition. In plain words, it is a claim where the proprietor has to describe the case circumstances and essential requirements. With a petition, the proprietor asks the court to start a lawsuit against the lessee (defender).
Based on the petition, the court issues Summons for the defender. The paper states when and where the hearing shall take place. The defendant must get acquainted with the information and participate in the hearing.
An Affidavit is a written statement of the party made under oath. Each party needs to authorize the document by a signature. This document will be witnessed by the court. Be very specific when filling it out and refer to the relevant legal norms and laws.
These are the guidelines on handling an eviction situation. We hope that you found the piece useful and informative. Do not forget to use our software tools to build necessary legal forms.