Oklahoma Notice of Material Noncompliance — Cure or Quit (10/15-Day)

OKLAHOMA NOTICE OF MATERIAL NONCOMPLIANCE — CURE OR QUIT

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Tenancy and Premises
3. Statement of Material Noncompliance
4. Demand to Cure or Vacate
5. Cure Standard and Verification
6. Statutory Authority and Tenant Rights Notice
7. Reservation of Rights
8. Method of Delivery / Service
9. Signature
10. Affidavit / Certificate of Service
11. Oklahoma Practice Notes
12. Sources and References

1. NOTICE HEADER AND RECIPIENTS

NOTICE OF MATERIAL NONCOMPLIANCE WITH RENTAL AGREEMENT — CURE OR QUIT

(41 O.S. § 132 — Oklahoma Residential Landlord and Tenant Act)

Date of Notice: [__/__/____]

TO: [TENANT'S FULL LEGAL NAME], and all other occupants of the Premises.

2. TENANCY AND PREMISES

2.1. You ("Tenant") occupy the above-described real property (the "Premises") under one of the following arrangements:

• ☐ Written rental agreement dated [__/__/____]
• ☐ Oral rental agreement entered on or about [__/__/____]
• ☐ Month-to-month tenancy
• ☐ Tenancy at will / sufferance

2.2. The Premises is a "dwelling unit" within the meaning of 41 O.S. § 102 and is governed by the Oklahoma Residential Landlord and Tenant Act, 41 O.S. § 101 et seq.

3. STATEMENT OF MATERIAL NONCOMPLIANCE

3.1. You are in MATERIAL NONCOMPLIANCE with the rental agreement and/or your statutory obligations as a tenant under 41 O.S. § 116 in the manner described below:

3.2. The breach(es) described above constitute(s) MATERIAL NONCOMPLIANCE with:

• ☐ The rental agreement, specifically paragraph(s) [________]
• ☐ Tenant's obligations under 41 O.S. § 116 (use, cleanliness, conduct, no waste, no damage, no disturbance)
• ☐ A specific local ordinance: [________]
• ☐ Other: [________]

4. DEMAND TO CURE OR VACATE

4(A). STANDARD 10/15-DAY CURE OR QUIT NOTICE — § 132(A)

4A.1. YOU ARE HEREBY NOTIFIED, pursuant to 41 O.S. § 132(A), that:

• (a) UNLESS you adequately REMEDY the breach(es) described in Section 3 within TEN (10) DAYS after your receipt of this Notice, the rental agreement shall TERMINATE; and
• (b) The termination date shall be [__/__/____], which is at least the FIFTEENTH (15th) day after your receipt of this Notice.

4A.2. If the breach is timely and adequately remedied within ten (10) days, the rental agreement shall NOT terminate by reason of the breach.

4A.3. If the breach is NOT timely cured, the rental agreement shall terminate as set forth above and Landlord will commence a Forcible Entry and Detainer action under 12 O.S. § 1148.1 et seq.

4(B). UNCONDITIONAL 15-DAY NOTICE — § 132(B) (REPEAT BREACH)

4B.1. Within the past SIX (6) MONTHS, on [__/__/____], Landlord served upon Tenant a Notice of Material Noncompliance under 41 O.S. § 132(A) for a SUBSTANTIALLY SIMILAR breach (described as: [PRIOR BREACH DESCRIPTION]). A copy of that prior notice is attached as Exhibit A.

4B.2. Pursuant to 41 O.S. § 132(B), YOU ARE HEREBY NOTIFIED that the rental agreement shall TERMINATE on [__/__/____], which is FIFTEEN (15) DAYS after your receipt of this Notice. NO RIGHT TO CURE the present breach is provided, and the breach described in Section 3 above is the basis for this termination.

4B.3. If you do not vacate and surrender possession by the termination date, Landlord will commence a Forcible Entry and Detainer action under 12 O.S. § 1148.1 et seq.

4(C). IMMEDIATE TERMINATION — IMMINENT AND IRREMEDIABLE HARM (§ 132)

4C.1. The conduct described in Section 3 has caused or threatens IMMINENT AND IRREMEDIABLE HARM to the Premises and/or to one or more persons, as follows: [DESCRIBE HARM].

4C.2. Tenant has previously been notified of the harmful conduct on [__/__/____] by [METHOD], and the conduct has not ceased.

4C.3. Pursuant to 41 O.S. § 132 (imminent-harm provision), the rental agreement is HEREBY TERMINATED EFFECTIVE IMMEDIATELY, and Landlord intends to file a Forcible Entry and Detainer action without further notice.

5. CURE STANDARD AND VERIFICATION

5.1. To "adequately remedy" a curable breach, you must (a) cease the offending conduct, (b) repair or restore any damage caused, and (c) take reasonable steps to prevent recurrence. Landlord may inspect the Premises (with reasonable notice under 41 O.S. § 128) to verify the cure.

5.2. Tenant should provide written confirmation of the cure to Landlord at the address below on or before the cure deadline:

5.3. If a third-party expense is required to cure (e.g., professional cleaning, repair), keep paid receipts for production at the FED hearing.

6. STATUTORY AUTHORITY AND TENANT RIGHTS NOTICE

6.1. This Notice is given under 41 O.S. § 132 of the Oklahoma Residential Landlord and Tenant Act. The full text of the ORLTA is published at oklegislature.gov.

6.2. Tenant has the right to consult with an attorney. Free or low-cost legal assistance may be available from:

• Legal Aid Services of Oklahoma — 1-888-534-5243 / oklaw.org
• Oklahoma Bar Association Lawyer Referral — 1-800-522-8065
• 211 Oklahoma — dial 2-1-1 for housing-assistance referrals

6.3. Tenant is reminded that 41 O.S. § 123 prohibits the Landlord from removing the Tenant or excluding the Tenant from the Premises (including by changing locks, removing doors, or shutting off utilities) except by court order issued in a forcible entry and detainer action.

6.4. Nothing in this Notice waives any defense Tenant may have, including but not limited to defective notice, lack of materiality, breach of the implied warranty of habitability under 41 O.S. § 118, or unlawful retaliation or discrimination under federal or state fair-housing law.

7. RESERVATION OF RIGHTS

7.1. By giving this Notice, Landlord does not waive, and expressly reserves, all rights and remedies, including the right to recover unpaid rent, damages to the Premises, holdover damages under 41 O.S. § 130, costs, and attorney's fees as authorized by contract or 41 O.S. § 105.

7.2. Acceptance of any rent paid for the period during which this Notice is pending is conditional and shall not waive Landlord's right to terminate based on the noncompliance.

7.3. This Notice is given without prejudice to any other notices or claims, including a separate Five-Day Notice to Pay or Quit under 41 O.S. § 131 if rent becomes delinquent.

8. METHOD OF DELIVERY / SERVICE

8.1. This Notice was served on Tenant by the following method (mark all that apply):

• ☐ Personal delivery to [TENANT NAME] on [__/__/____] at approximately [___:___ AM/PM]
• ☐ Delivery to a person of suitable age and discretion residing at the Premises (name: [________]) on [__/__/____]
• ☐ Posting in a conspicuous place at the Premises on [__/__/____] (photograph retained)
• ☐ U.S. Certified Mail, return receipt requested, postmarked [__/__/____], tracking no. [________]
• ☐ U.S. First-Class Mail, postmarked [__/__/____]
• ☐ Electronic communication pursuant to written agreement of the parties dated [__/__/____]

9. SIGNATURE

Dated: [__/__/____]

Landlord / Authorized Agent:

By: ________________________________

Print Name: [________________________________]

Title: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

10. AFFIDAVIT / CERTIFICATE OF SERVICE

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

The undersigned, being first duly sworn, deposes and says that on [__/__/____] at approximately [___:___ AM/PM], the undersigned served the foregoing NOTICE OF MATERIAL NONCOMPLIANCE — CURE OR QUIT on [TENANT NAME] by the method(s) checked in Section 8 of the Notice.

________________________________

Affiant Signature

Print Name: [________________________________]

Subscribed and sworn to before me this [____] day of [MONTH], [YEAR].

________________________________

Notary Public

My commission expires: [__/__/____]

Commission no.: [________]

11. OKLAHOMA PRACTICE NOTES

11.1. Two deadlines, one document. § 132(A) creates an unusual structure: a 10-day cure deadline embedded inside a 15-day termination notice. Both must be plainly stated in the same writing. Notices that omit one deadline or that conflate them are routinely dismissed.

11.2. Materiality is contested. "Material" noncompliance is a legal conclusion the court will test. Trivial lease deviations (e.g., one-time minor noise, an unauthorized house guest for one night) generally do not support § 132 termination. Document a pattern when possible.

11.3. Imminent-harm cases must still give notice. Even under the imminent-harm provision, the statute requires that the tenant be put on notice of the harmful conduct first. Landlords who skip notice and self-help-evict expose themselves to § 123 liability.

11.4. Repeat-breach 15-day unconditional notice — § 132(B). This option is powerful but technical. The earlier breach must be SUBSTANTIALLY SIMILAR (not merely "another lease violation") and must have occurred within six months. Attach the prior notice and proof of service.

11.5. Don't combine with rent demands. Rolling unpaid rent into a § 132 notice typically invalidates the rent component (governed by § 131) and risks invalidating the noncompliance component as well. Use two notices.

11.6. Habitability and retaliation defenses. Tenants commonly defend by alleging the landlord's failure to maintain the unit (§ 118) or that the notice was issued in retaliation for repair requests. Avoid serving § 132 notices in close proximity to recent repair tickets without solid independent grounds.

11.7. Discrimination overlay. Federal Fair Housing Act and 25 O.S. § 1452 prohibit selective enforcement based on protected class. Apply lease rules consistently across tenants.

11.8. Section 8 / public housing. HUD-regulated tenancies require additional notice content (statement of grounds, opportunity for grievance hearing). Confirm before serving.

11.9. Mobile-home parks. Mobile-home park tenancies are governed by the Oklahoma Mobile Home Parks Act (separate chapter); § 132 does not apply. Use the appropriate mobile-home-park notice instead.

12. SOURCES AND REFERENCES

• 41 O.S. § 132 — Tenant's failure to comply with rental agreement (10/15-day; § 132(B) unconditional 15-day; imminent-harm immediate termination).
• 41 O.S. § 116 — Tenant's obligations.
• 41 O.S. § 102 — Definitions and scope.
• 41 O.S. § 105 — Attorney fees.
• 41 O.S. § 109 — Notice service.
• 41 O.S. § 111 — Termination of tenancy; service.
• 41 O.S. § 115 — Damage or security deposits.
• 41 O.S. § 118 — Landlord's duty to maintain (warranty of habitability).
• 41 O.S. § 123 — Wrongful removal or exclusion (self-help bar).
• 41 O.S. § 128 — Landlord's right of entry; reasonable notice.
• 41 O.S. § 130 — Holdover damages.
• 12 O.S. § 1148.1 et seq. — Forcible Entry and Detainer Act.
• 25 O.S. § 1452 — Oklahoma Anti-Discrimination Act.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• Oklahoma Statutes online: https://www.oklegislature.gov/osstatuestitle.aspx
• Oklahoma State Courts Network: https://www.oscn.net

END OF NOTICE