[OK] [OK] How do I evict a tenant for late rent?
If a tenant has habitually paid rent 3+ weeks late, do I evict over it for violating the lease, or am I required to give them 5 days’ time to get current?
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To evict, you must serve written notice first. You can rely on non-payment of rent or damage to the property as the basis. Oklahoma law requires a 5-day notice for non-payment and a 15-day notice for lease violations (Okla. Stat. tit. 41, § 131, Okla. Stat. tit. 41, § 132). Both notices are curable and give the tenant the opportunity to cure. You are also entitled to collect late fees per the lease (Residential Landlord & Tenant Act).
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If a tenant has habitually paid rent 3+ weeks late, do I evict over it for 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.
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 lawyer should know before I connect you?
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! I’m Lori, an attorney with experience in landlord–tenant matters. I’m live with you today. 1) What city/state is the rental property located in? 2) Do you have a written lease that addresses late payments? 3) Have you served any type of written notice on the tenant?
1) It’s located in Ponca City, Oklahoma. 2) 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.” 3) 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 must serve written notice first. You can rely on non-payment of rent or damage to the property as the basis. Oklahoma law requires a 5-day notice for non-payment and a 15-day notice for lease violations (Okla. Stat. tit. 41, § 131, Okla. Stat. tit. 41, § 132). Both notices are curable and give the tenant the opportunity to cure. You are also entitled to collect late fees per the lease (Residential Landlord & Tenant Act).
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
Unfortunately they have the right to cure; you are required to give the grace period provided by statute/lease.
For the property damage or too many people living there in violation of the lease, that’s a different notice?
Lori
Yes. In Oklahoma, you can evict for lease violations like damage or unauthorized occupants. The landlord must serve a 15-day notice to comply or vacate. The tenant has a chance to fix the issue within that period; otherwise they 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, you may proceed. In Oklahoma, serve the 5-day pay-or-quit notice; if they don’t pay within 5 days after service, you can file an eviction action in court.
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 five 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 five days after service, 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
You are welcome. Thank you for allowing me to assist you today. Have a nice evening!
Lori
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