Oklahoma Five-Day Notice to Pay Rent or Quit

OKLAHOMA FIVE-DAY NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Tenancy and Premises
3. Statement of Default
4. Demand to Pay or Vacate
5. Acceptable Methods of Payment
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

FIVE-DAY NOTICE TO PAY RENT OR QUIT

(41 O.S. § 131 — 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 (check all that apply):

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

2.2. Monthly rent in the amount of $[AMOUNT] is due on the [____] day of each month.

2.3. 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 ("ORLTA"), 41 O.S. § 101 et seq.

3. STATEMENT OF DEFAULT

3.1. As of the date of this Notice, you are in DEFAULT in the payment of rent in the following amount:

3.2. The amount stated above is RENT lawfully due under the rental agreement. Late fees, utility charges, and other amounts (if any) are not included in this five-day demand and will be pursued through other lawful means.

4. DEMAND TO PAY OR VACATE

4.1. YOU ARE HEREBY NOTIFIED that, pursuant to 41 O.S. § 131, you must either:

• (a) PAY the total unpaid rent stated above in full; OR
• (b) VACATE and surrender possession of the Premises,

within FIVE (5) DAYS after your receipt of this Notice.

4.2. If you do not pay the rent in full or vacate within five (5) days after receipt, the rental agreement shall terminate, and Landlord will commence a Forcible Entry and Detainer action under 12 O.S. § 1148.1 et seq. to recover possession of the Premises and all available damages, including:

• (a) Unpaid rent and accrued late fees as the lease provides;
• (b) Holdover damages of up to TWO (2) months' rent or TWICE the actual damages, whichever is greater, under 41 O.S. § 130, if Tenant's holdover is willful and not in good faith;
• (c) Court costs;
• (d) Attorney's fees if authorized by contract or statute (see 41 O.S. § 105);
• (e) Pre- and post-judgment interest at the statutory rate.

4.3. Termination Date if Default Is Not Cured: [__/__/____] (which is at least the sixth day after receipt of this Notice).

5. ACCEPTABLE METHODS OF PAYMENT

5.1. To cure the default, payment must be received in full at the location and by the method set forth below by 5:00 p.m. Central Time on the cure-deadline date:

5.2. Landlord reserves the right to refuse any partial tender. Acceptance of a partial payment shall NOT constitute waiver of this Notice unless expressly agreed in a writing signed by Landlord.

6. STATUTORY AUTHORITY AND TENANT RIGHTS NOTICE

6.1. This Notice is given under 41 O.S. § 131 of the Oklahoma Residential Landlord and Tenant Act. The full text of the ORLTA is published at oklegislature.gov and available in print at most public libraries.

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 a court order issued in a forcible entry and detainer action.

6.4. Nothing in this Notice waives any legal defense the Tenant may have, including but not limited to defective notice, breach of the implied warranty of habitability under 41 O.S. § 118 (landlord's duty to maintain), or improper acceptance of partial rent.

7. RESERVATION OF RIGHTS

7.1. By giving this Notice, Landlord does not waive, and expressly reserves, all rights and remedies under the rental agreement and Oklahoma law, including the right to recover all rent that comes due during the cure window or thereafter, holdover damages under 41 O.S. § 130, attorney's fees, and any other amounts owed.

7.2. This Notice is given without prejudice to any other notices, demands, or claims, including any separate notice for material noncompliance under 41 O.S. § 132.

7.3. Acceptance of rent for any period covered by this Notice is conditional and shall not be deemed a waiver of Landlord's right to terminate or to maintain a FED action for any unpaid balance.

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 FIVE-DAY NOTICE TO PAY RENT 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. Five-day rule is strict. Oklahoma courts repeatedly dismiss FED petitions filed before the five-day cure period expires. Calendar deliberately and document the receipt date.

11.2. No statutory cure ban for repeat offenders under § 131. Unlike 41 O.S. § 132(B), which permits an unconditional 15-day notice for a second similar material noncompliance within six months, § 131 does not authorize an unconditional pay notice. Repeat nonpayment still permits a five-day pay-or-quit notice each time.

11.3. Service of process at FED. Even after a valid pay-or-quit, the FED petition must be separately served under 12 O.S. § 1148.4. The FED summons commands appearance not less than 5 nor more than 10 days after issuance.

11.4. Acceptance of rent. Once Landlord accepts rent for a period after the termination date stated in the notice, the notice is generally waived as to that period. Reject or escrow tenders during the cure window if the goal is possession.

11.5. Habitability defense. A tenant facing nonpayment FED may raise breach of 41 O.S. § 118 as a defense, contending that the landlord's failure to maintain the premises excused the rent obligation. Maintain a contemporaneous record of habitability complaints and repairs.

11.6. Security-deposit offset. Do NOT apply the security deposit to current rent without the tenant's written consent. Apply it only after termination and surrender, in compliance with 41 O.S. § 115 (45-day window after written demand). Misapplication exposes the landlord to fines up to twice the misappropriated amount.

11.7. Local protections. Verify Oklahoma City (Title 25) and Tulsa (Title 18) housing-code provisions for any pre-eviction procedural overlay (none currently override § 131 as of the template date).

11.8. Federally subsidized housing. Section 8 / public housing tenancies have additional pre-termination procedural requirements (CARES Act 30-day notice for covered properties, HUD lease grievance procedures). Confirm status before relying on a five-day notice alone.

12. SOURCES AND REFERENCES

• 41 O.S. § 131 — Delinquent rent (five-day notice).
• 41 O.S. §§ 101–136 — Oklahoma Residential Landlord and Tenant Act.
• 41 O.S. § 102 — Definitions and scope.
• 41 O.S. § 105 — Attorney fees.
• 41 O.S. § 111 — Termination of tenancy; service of notice.
• 41 O.S. § 115 — Damage or security deposits (45-day return; misappropriation penalty).
• 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. § 130 — Holdover damages (up to two months' rent or twice damages).
• 12 O.S. § 1148.1 et seq. — Forcible Entry and Detainer Act.
• 25 O.S. § 1452 — Oklahoma Anti-Discrimination Act (housing).
• 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
• Legal Aid Services of Oklahoma FED handbook: https://oklaw.org

END OF NOTICE