As a landlord in Oklahoma, you cannot just kick a tenant out because you feel like it. If you want to end your current lease agreement with your tenant, you must do so legally. And there are a number of ways in which this can happen.

Tenant may consent to early termination of the Lease

For one, you may approach your tenant with your proposition. Explain your desire to terminate the lease ahead of schedule, and ask the Tenant if they would be agreeable to early termination. The tenant may be open to the idea, especially if you offer to credit their rent for the last month or for a period of time.

You may also offer to pay the tenant a certain sum. If you choose to pay your tenant a fee to break the lease, be sure to capture that agreement in writing. Simply prepare a statement that says, “in consideration of this amount of money exchanged, landlord and tenant agree to terminate the lease on this day.” And then sign and date the agreement.

Of course, a tenant does not have to agreed to early termination. And in that event, you will have to wait for the lease to expire.

Landlord may terminate a lease if the Tenant fails to Pay Rent on Time

If the Tenant fails to pay the rent when it is due, the Landlord may cancel the lease after giving the tenant a 5-Day Notice to Quit. 41 O.S. § 131.

What that means is that if the rent is due on the 1st, and the tenant does not pay on the 1st, then the Landlord may deliver a 5-Day Notice to Quit on the 2nd day of the month. The Tenant will then have from the 2nd until the 7th day of the month to pay the rent, plus any late fees. If the Tenant does not pay within that five-day window, the Landlord may obtain an eviction order from the court.

Terminating a Lease early because the Tenant breached the Lease

In addition to cancelling a lease because the Tenant failed to pay rent, there are other breaches of lease terms that allow a landlord to cancel the whole thing altogether.

If there is a specific clause in your lease that the Tenant breached, you may terminate the lease if the lease actually provides that termination as a remedy for the breach. However, if not, then you will need statutory authority.

Terminating a Lease for violations of Rules and Regulations

The good news is that Oklahoma law does allow a Landlord to cancel a lease for lease-violations. The process is that the Landlord must first give the Tenant a 10-Day Notice to cure or correct the violations. If the Tenant does not resolve the issue within ten days, the Landlord may terminate the lease on Day 15 after the Notice. 41 O.S § 132(B).

If those lease-violations created threats of harm to the property or to people on the property, then the Landlord may terminate the Lease immediately. 41 O.S. § 132(C).

Terminating a Lease early because the Tenant denied access to maintenance staff

If the Tenant fails to allow the Landlord — or the Landlords maintenance staff — access to the property to fix, repair, or perform maintenance. The landlord needs only to provide 1-Day Notice in order to gain access for repairs. 41 O.S. § 128(C).

If the Tenant refuses to allow the Landlord or staff access to the property to make repairs, then the Landlord may terminate the rental agreement. 41 O.S. 128(E).

Terminating a Month-to-Month Lease

If your tenant is currently on a month-to-month lease, then you merely need to give the tenant 30-Days Notice in order to cancel that arrangement. I wrote an entire article on terminating a month-to-month lease, which explains everything you have to do.

Hire an Eviction Attorney to Terminate your Lease early

Not sure if you can terminate your lease with your tenant? That is okay. You don’t have to understand how to apply the law in every situation. That is what I am here for.

My name is Travis Charles Smith, I’ve been practicing law here in OKC since 2009, and I represent Landlords. I am your go to resource for help. If you need an eviction, a lease review, forms for tenant applications, I can help you with all of that.

Call our office at (405) 724-8112 or send us an email.