In Oklahoma for a breach of contract other than rent do you have to give a 10 day notice and they can be evicted if not remedied on the 15th day? Can someone clarify #28 on the OK real estate commission residential lease and Section 132 of the Oklahoma Residential Landlord and Tenant Act? Thanks in advance for your answer.
- In the event of default by any Tenant, every remaining signatory shall be liable for timely payment of rent and shall be bound by all the terms, conditions and covenants of this Lease Agreement whether or not they are in actual possession of the Premises. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Owner/Owner’s Broker shall give Tenant written notice of the breach, delivered to Tenant personally or mailed by certified mail, requiring the Tenant to immediately remedy the breach or vacate the Premises on or before a date at least fifteen (15) days after date of the notice (except in the event the breach is for failure to pay rent in which case the five (5) day statutory notice shall apply). If Tenant fails to comply with the notice, the Owner/Owner’s Broker may declare this Lease terminated and institute action to evict Tenant from the Premises without limiting the liability of Tenant for rent due.
Section 132 Oklahoma Residential Landlord and Tenant Act
A. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, if there is a noncompliance by the tenant with the rental agreement or with Section 127 of this title which noncompliance can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) days after written notice served as provided in subsection E of Section 111 of this title by the landlord specifying the breach and requiring that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and thereafter submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment. If the landlord remedies the breach as provided in this subsection, the landlord may not terminate the rental agreement by reason of the tenant’s failure to remedy the breach.
B. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, if there is a material noncompliance by the tenant with the rental agreement or with any provision of Section 127 of this title, the landlord may deliver to the tenant a written notice served as provided in subsection E of Section 111 of this title specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days. If the breach is not remedied within ten (10) days from receipt of the notice, the rental agreement shall terminate as provided in the notice. If within the ten (10) days the tenant adequately remedies the breach complained of, or if the landlord remedies the breach according to the provisions of subsection A of this section, the rental agreement shall not terminate by reason of the breach. Any subsequent breach of the lease or noncompliance under this section shall be grounds, upon written notice to the tenant, for immediate termination of the lease.
