[OK] [OK] Can I evict tenant for habitually paying rent several weeks late?
In addition, the tenants have damaged the property, and there are multiple people living in the house that aren't on the lease. They’re causing damage and excess wear and tear on the property.
19
6
Solved
To evict, you have to serve written notice first. You can use non-payment of rent or damage to the property as the basis. Oklahoma law requires 5 day notice for non-payment (Okla. Stat. tit. 41 § 131) and 15 day notice for lease violations (Okla. Stat. tit. 41 § 132(B)). Both are curable and give the tenant the opportunity to cure.
Of course, you are entitled to late fees from the tenant as well.
0
Oklahoma 5-Day Notice to Quit (Non-Payment)
Create Document
Full Conversation
If a tenant has habitually paid rent 3+ weeks late, do I evict over it violating the lease, or am I required to give them 5 days' time to get current?
Lexi, Chatbot
I understand your concern. Have you previously addressed the issue of late rent payments with the tenant?
The tenant has been paid through tribal assistance, but their payments are always very late. They also haven't communicated when the payments will stop and the tenant will take over.
Lexi, Chatbot
Is there a specific clause in the lease agreement regarding late rent payments and potential consequences?
There is nothing outlining consequences outside of a late fee after the rent is five days late.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with late rent payment issue.
The tenants have damaged the property, and there are multiple people living in the house that aren't on the lease. They’re causing damage and excess wear and tear on the property.
Lori
Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I am on live with you today.
What city/state is the rental property located in?
Do you have a written lease that addresses late payments?
Have you served any type of written notice on the tenant?
It's located in Ponca City, Oklahoma.
I have a written lease that states "all payment of rent is due on the first day of the month, and is delinquent on the fifth day with a late charge of $100."
I have not served a written notice — I have a pay or quit notice written up for June's late rent.
Lori
To evict, you have to serve written notice first. You can use non-payment of rent or damage to the property as the basis. Oklahoma law requires 5 day notice for non-payment (Okla. Stat. tit. 41 § 131) and 15 day notice for lease violations (Okla. Stat. tit. 41 § 132(B)). Both are curable and give the tenant the opportunity to cure.
Of course, you are entitled to late fees from the tenant as well.
If the tenant is habitually late (3+ weeks) with each payment, is that cause for eviction as well? Or can they cure by getting on-time with one payment?
Lori
They unfortunately have the right to cure and you are required to give a grace period since it is in the lease.
For the property damage or too many people living there in violation of the lease, that is a different notice. In Oklahoma, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities. To do so, the landlord must first serve the tenant a 15 days’ notice to comply or vacate.
The tenant has a chance to fix the issue within 10 days, otherwise the tenant must move out by the end of the 15-day notice period.
After the five day period elapses for nonpayment of rent, am I still required to accept payments from them? Or am I allowed to proceed with an eviction?
Lori
After the eviction notice, no. In Oklahoma, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a written 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Thank you for the information on the property damage aspect as well. This has been really insightful. So if the notice is delivered today, the last day for them to cure would be the 11th? Or do the five days include the day the notice was issued?
Lori
The 5 days starts today if you serve it today.
Would they have any ground to stand on if they didn't pay after the 5 day period ended?
Lori
No. If they don't pay within 5 days after you serve the notice, then you can file the eviction action in court.
Thank you so much for your help — this has cleared things up well! Have a nice rest of your evening.
Lori
25,410 satisfied customers
5 lawyers online now
20
6
Answered 3 days ago
11
4
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
