Serving A 30-Day Notice On A Tenant Under The Oklahoma Landlord And Tenant Act
It is absolutely essential for landlords to strictly comply with Oklahoma law when serving a 30-Day Notice (terminating a tenancy) on a tenant. A diligent attempt must be made to personally serve (hand deliver) the notice on the tenant. If, after "reasonable diligence", personal service cannot be made on the tenant or any person over the age of 12 residing at the premises, the landlord may then resort to service by posting (placing the notice on a conspicuous place at the premises).
The service of a 30-Day Notice is governed by Title 41, § 9 of the Oklahoma Statutes. The full text of that section is as follows:
The notice to terminate the tenancy required in this chapter may be served on the tenant, or, if he cannot be found, by delivering the same to some person over the age of twelve (12) years, residing on the premises, having first made known to such person the contents thereof; or, if service cannot be made by the use of reasonable diligence on the tenant or on any person over the age of twelve (12) years residing on the premises, the same may be served by posting said notice at some conspicuous place on the building on said premises and if there be no buildings on said premises then said notice shall be posted at some conspicuous place on said premises and if said notice is posted, a copy of said notice shall be mailed to the tenant at his last-known address by registered mail and such notice shall operate to terminate the tenancy at the end of the period after the date of such posting and mailing that it would have been terminated by personal service of such notice on the date of such posting and mailing; provided, that in no event shall such posting and mailing terminate any tenancy within a period of less than ten (10) days from the date of such posting and mailing.
This article is not a substitute for the advice of an attorney. If you have concerns or questions, you should consult with a landlord/tenant lawyer licensed to practice law in Oklahoma.
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