Question about Oklahoma Landlord Tenant Act

3 Replies | Oklahoma City, Oklahoma

If rent is due on the first, when do you post an eviction notice and when can you contact a lawyer to start the eviction proceedings?

The law is, surprisingly, not clear to me. (/sarcasm)

§131. Delinquent rent

A. If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter or the landlord may wait until the expiration of the period allowed for curing a default by the tenant, as prescribed in subsection B of this section, before bringing such action.

B. A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay rent within five (5) days after written notice of landlord’s demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section.

Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.

From my experience, you could serve the 5 day notice on the 2nd, if it's due on the 1st. Then, they have 5 days to pay or you can file for eviction. Then, once the eviction is filed, I believe it's mandatory that a court date be set within 10 days. 

If you don't serve the 5 day notice in person you must post it on the door and send a copy of the notice via certified mail.

he is correct on the timeline.  generally you can get a hearing before this though.  also the 5 days depends on if you serve the notice to a person or post on the door.  also one the 5/10 day period ends you no longer are required to accept a payment