Eviction Notice and Forcible Entry and Detainer Complaint Package

EVICTION NOTICE AND FORCIBLE ENTRY AND DETAINER COMPLAINT PACKAGE — OKLAHOMA

TABLE OF CONTENTS

1. Pre-Notice Compliance Checklist
2. Part A — 5-Day Notice to Pay Rent or Quit
3. Part B — 10-Day Cure / 15-Day Notice to Quit for Lease Violation
4. Part C — Immediate Notice to Vacate (Criminal/Dangerous Activity)
5. Part D — 30-Day Notice to Terminate Month-to-Month Tenancy
6. Part E — Affidavit of Service of Notice
7. Part F — Forcible Entry and Detainer Petition
8. Part G — Forcible Entry and Detainer Summons
9. Part H — Verification and Certificate of Service
10. Oklahoma Practice Notes
11. Sources and References

1. PRE-NOTICE COMPLIANCE CHECKLIST

☐ Confirmed property is residential and subject to ORLTA (41 OS § 101 et seq.).
☐ Rent ledger reviewed; precise amount of unpaid rent confirmed.
☐ Determined whether tenancy is less than three (3) months (use 5-day notice) or three months or longer.
☐ Lease reviewed for any contractual notice period in excess of statutory minimum.
☐ No retaliatory motive (41 OS § 130 prohibits retaliation for code complaints, fair-housing complaints, etc.).
☐ Fair-housing analysis completed (42 U.S.C. § 3601 et seq.; 25 OS § 1452).
☐ Servicemember status considered (SCRA, 50 U.S.C. § 3951).
☐ No active rental-assistance application that would defer eviction.
☐ Notice will be served by certified or registered mail (return receipt) OR personal delivery to the tenant; posting+mailing in some courts after diligent effort.

2. PART A — 5-DAY NOTICE TO PAY RENT OR QUIT

FIVE (5) DAY NOTICE TO PAY RENT OR QUIT

Pursuant to 41 Okla. Stat. § 131(B)

TO: [TENANT NAME(S)] and all other occupants in possession

PREMISES: [________________________________] (street address, unit, city, county, Oklahoma, ZIP)

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the rent for the above-described premises is past due and unpaid in the following amount:

YOU MUST PAY THE TOTAL PAST-DUE AMOUNT WITHIN FIVE (5) DAYS of service of this Notice. If you fail to pay within five (5) days, your rental agreement will be deemed terminated and the Landlord will file a Forcible Entry and Detainer (FED) action in the District Court of [________________________________] County, Oklahoma, seeking possession of the premises, judgment for unpaid rent, damages, court costs, and attorney's fees as authorized by the lease and 41 OS § 105.

Payment must be made to: [________________________________]
At: [________________________________]
By: ☐ Cash ☐ Certified check ☐ Money order ☐ Electronic to [________________________________]

NOTE: If your tenancy is for a term of three (3) months or longer, the notice period under your written lease may be ten (10) days. This Notice provides the statutory minimum of five (5) days under 41 OS § 131(B).

LANDLORD / AGENT:
Name: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Signature: [________________________________]
Date: [__/__/____]

3. PART B — 10-DAY CURE / 15-DAY NOTICE TO QUIT FOR LEASE VIOLATION

NOTICE OF MATERIAL NONCOMPLIANCE — 10 DAYS TO CURE / 15 DAYS TO VACATE

Pursuant to 41 Okla. Stat. § 132(B)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with your rental agreement and/or 41 OS § 127 (tenant obligations) in the following specific manner(s):

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

The conduct/condition described above occurred on or about [__/__/____].

YOU HAVE TEN (10) DAYS from service of this Notice to remedy (cure) the noncompliance. If the noncompliance is not cured within ten (10) days, the rental agreement will TERMINATE on [__/__/____] (15 days from service), and you must vacate the premises.

Repeat violation: Pursuant to 41 OS § 132(B), if substantially the same act or omission recurs after notice and cure, the Landlord may terminate the rental agreement upon written notice with no further right to cure.

Landlord: [________________________________]
Date: [__/__/____]

4. PART C — IMMEDIATE NOTICE TO VACATE (CRIMINAL/DANGEROUS ACTIVITY)

IMMEDIATE NOTICE TO VACATE — NO RIGHT TO CURE

Pursuant to 41 Okla. Stat. § 132(D)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOUR RENTAL AGREEMENT IS TERMINATED EFFECTIVE IMMEDIATELY because you, a member of your household, or a person under your control engaged in conduct described in 41 OS § 132(D), specifically:

☐ Criminal activity that threatens the health, safety, or right of peaceful enjoyment of the premises by other tenants
☐ Criminal activity that threatens the health or safety of the landlord, agent, or employee
☐ Drug-related criminal activity on or near the premises
☐ Violence or threats of violence
☐ Other conduct enumerated in § 132(D): [________________________________]

Description of conduct: [____________________________________________________________]
Date of conduct: [__/__/____]

YOU MUST VACATE THE PREMISES IMMEDIATELY. There is no right to cure. The Landlord will file a Forcible Entry and Detainer action if you fail to vacate.

Landlord: [________________________________]
Date: [__/__/____]

5. PART D — 30-DAY NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY

THIRTY (30) DAY NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY

Pursuant to 41 Okla. Stat. § 111

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

The month-to-month tenancy between Landlord and Tenant is TERMINATED effective [__/__/____] (no less than 30 days from delivery, on or before the next rent due date). You must vacate the premises and deliver possession on or before that date.

For week-to-week tenancies, seven (7) days' notice is required (41 OS § 111).

Landlord: [________________________________]
Date: [__/__/____]

6. PART E — AFFIDAVIT OF SERVICE OF NOTICE

AFFIDAVIT OF SERVICE

STATE OF OKLAHOMA )
COUNTY OF [________________] ) ss.

I, [________________________________], being first duly sworn, depose and state under penalty of perjury that on [__/__/____] at [____] ☐ a.m. ☐ p.m., I served the foregoing Notice on [TENANT NAME] at the premises by:

☐ Personal delivery to Tenant
☐ Personal delivery to a person of suitable age and discretion at the premises, namely [________________________________]
☐ Certified mail, return receipt requested (tracking no. [________________________________])
☐ Posting in a conspicuous place at the premises (front door) after diligent attempt at personal service AND mailing first-class

Signature: [________________________________]
Print Name: [________________________________]

Subscribed and sworn before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public
My commission expires: [__/__/____]

7. PART F — FORCIBLE ENTRY AND DETAINER PETITION

IN THE DISTRICT COURT OF [________________________________] COUNTY

STATE OF OKLAHOMA

Case No. FED-[________________________________]

FORCIBLE ENTRY AND DETAINER PETITION

Plaintiff alleges:

A. Parties, Jurisdiction, Venue

1. Plaintiff is the owner / authorized agent / lessor of the residential premises located at [________________________________], [CITY], [COUNTY] County, Oklahoma [ZIP] (the "Premises").

2. Defendant(s) entered into possession of the Premises under a written / oral rental agreement with Plaintiff dated [__/__/____].

3. Jurisdiction lies in this Court under 12 OS § 1148.1 et seq. Venue is proper under 12 OS § 134 because the Premises is in this county.

4. Monthly rent: $[____________], due on the [____] day of each month.

B. Grounds (check all that apply)

☐ Nonpayment of Rent (41 OS § 131). Tenant failed to pay rent for the period(s) [__/__/____] to [__/__/____] totaling $[____________]. Plaintiff served a 5-Day Notice to Pay or Quit on [__/__/____] (Exhibit A). The notice period has expired; rent remains unpaid.

☐ Material Lease Violation (41 OS § 132(B)). Tenant breached the rental agreement by [________________________________]. Plaintiff served a 10-Day Cure / 15-Day Notice on [__/__/____] (Exhibit B). The breach has not been cured.

☐ Criminal / Dangerous Activity (41 OS § 132(D)). Tenant engaged in conduct described in 41 OS § 132(D). Plaintiff served an Immediate Notice to Vacate on [__/__/____] (Exhibit C).

☐ Holdover (41 OS § 111). Plaintiff terminated the month-to-month tenancy by 30-day notice served on [__/__/____] (Exhibit D). Defendant(s) hold over.

5. Defendant(s) unlawfully and forcibly detain the Premises from Plaintiff.

C. Damages

6. Plaintiff is entitled to recover possession of the Premises, judgment for past-due rent of $[____________], holdover damages at the daily rate of $[____________] per day from [__/__/____] until possession is restored, late fees, court costs, and (if the lease so provides) attorney's fees.

D. Prayer for Relief

WHEREFORE, Plaintiff prays for judgment:

A. Awarding Plaintiff immediate restitution of the Premises and issuance of a Writ of Execution;
B. Money judgment against Defendant(s), jointly and severally, for $[____________] in past-due rent;
C. Holdover damages at $[____________] per day from [__/__/____];
D. Court costs, statutory attorney's fees pursuant to 12 OS § 936 / lease, prejudgment interest at 6% (15 OS § 266); and
E. Such other relief as the Court deems just.

Dated: [__/__/____]

[________________________________]
Attorney for Plaintiff
OBA No.: [____________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Email: [________________________________]

8. PART G — FORCIBLE ENTRY AND DETAINER SUMMONS

IN THE DISTRICT COURT OF [________________________________] COUNTY

STATE OF OKLAHOMA

Case No. FED-[________________________________]

FORCIBLE ENTRY AND DETAINER SUMMONS

TO THE DEFENDANT(S): [TENANT NAME(S)] and all occupants of [________________________________]

YOU ARE HEREBY SUMMONED to appear and defend the Forcible Entry and Detainer Petition filed against you in the District Court of [________________] County, Oklahoma:

Hearing Date: [__/__/____]
Time: [____] ☐ a.m. ☐ p.m.
Location: [________________________________] Courthouse, [Courtroom / Division]

The hearing date is set between five (5) and ten (10) days from issuance of this Summons, as required by 12 OS § 1148.10A.

YOUR RIGHTS:

• You have the right to appear in person and contest the Petition.
• You may file a written Answer at or before the hearing.
• You may be represented by an attorney. If you cannot afford one, contact Legal Aid Services of Oklahoma at 1-888-534-5243 or Oklahoma Indian Legal Services.
• If you are a servicemember on active duty, you may be entitled to a stay under the SCRA, 50 U.S.C. § 3901 et seq.
• IF YOU FAIL TO APPEAR, DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION, RENT, COURT COSTS, AND ATTORNEY'S FEES.

ISSUED this [____] day of [________________], 20[____].

Court Clerk: [________________________________]
By: [________________________________] (Deputy)

RETURN OF SERVICE:

I served this Summons and the attached Petition on [TENANT NAME] on [__/__/____] by:

☐ Personal service on Defendant
☐ Service on a person of suitable age at Defendant's usual place of abode
☐ Posting at the premises after diligent effort AND mailing first-class

Sheriff / Process Server: [________________________________]
County: [________________________________]
Date: [__/__/____]

9. PART H — VERIFICATION AND CERTIFICATE OF SERVICE

VERIFICATION

STATE OF OKLAHOMA )
COUNTY OF [________________] ) ss.

I, [________________________________], being first duly sworn, depose and state that I am the Plaintiff (or authorized agent); I have read the foregoing Petition; and the facts stated therein are true and correct to the best of my knowledge.

Signature: [________________________________]

Subscribed and sworn before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public
My commission expires: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Petition, Summons, and exhibits was served on Defendant(s) by:

☐ Sheriff of [________________] County
☐ Licensed private process server
☐ Certified mail, return receipt requested

Counsel for Plaintiff: [________________________________]
Date: [__/__/____]

10. OKLAHOMA PRACTICE NOTES

• Statutory minimums are floors. The 5-day notice for nonpayment is the statutory minimum under 41 OS § 131(B). Many leases for terms of three months or longer provide a 10-day notice as a contractual matter; follow the lease.
• Hearing date. Under 12 OS § 1148.10A, the trial of an FED action must be set between five (5) and ten (10) days from issuance of the summons. Be prepared to try the case at the first appearance.
• Default and writ. If Defendant fails to appear, default judgment is entered. The landlord may obtain a Writ of Execution immediately; the sheriff posts at the premises and must give at least 48 hours' notice before physical removal.
• Appeal. Tenant has ten (10) days to appeal an FED judgment. A supersedeas bond covering rent during appeal is required.
• Self-help eviction prohibited. Under 41 OS § 123, a landlord who locks out, removes belongings, or shuts off utilities is liable for actual damages or double the monthly rent, whichever is greater, plus attorney's fees.
• Late fees. Late fees must be authorized by the lease and reasonable. Oklahoma has no statutory cap, but unconscionable fees may be voided (41 OS § 106).
• Security deposit. Landlord must return the security deposit (less itemized deductions) within 30 days after tenant's request following termination (41 OS § 115). Failure to comply allows tenant to recover the entire deposit plus a reasonable attorney's fee.
• Habitability defense. Tenants may raise a habitability defense if they have notified the landlord of defects affecting health and safety and the landlord has failed to remedy within a reasonable time (41 OS § 121).
• Retaliation. Eviction within six (6) months of a tenant's complaint to a code enforcement agency or attempt to exercise tenant rights is presumed retaliatory (41 OS § 130).
• Fair housing. Federal FHA and Oklahoma Discrimination in Housing Act (25 OS § 1452) prohibit discrimination based on race, color, religion, sex, national origin, familial status, disability.
• Tribal jurisdiction. Following McGirt v. Oklahoma, FED actions involving tribal members on reservation land may have jurisdictional complications; consult tribal court rules.
• Servicemember protections. SCRA stay of proceedings available; verify status through the DOD Manpower Data Center.

11. SOURCES AND REFERENCES

• 41 OS Chapter 1 — Oklahoma Residential Landlord and Tenant Act: https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST41&level=1
• 41 OS § 131 — Nonpayment of rent: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71780
• 41 OS § 132 — Tenant noncompliance: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71781
• 12 OS § 1148.1 et seq. — Forcible Entry and Detainer
• Oklahoma District Court Civil Rules
• Legal Aid Services of Oklahoma: https://oklaw.org/
• Oklahoma Bar Association — Tenant Rights & Defending Eviction Cases (CLE materials)
• Oklahoma Supreme Court Network (OSCN): https://www.oscn.net
• Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.
• 42 U.S.C. § 3601 et seq. (Fair Housing Act); 25 OS § 1452 (Oklahoma Discrimination in Housing Act)

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