Oklahoma Eviction Process

How to Evict a Tenant in Oklahoma (7 Steps)

Step 1 – Serve the Eviction Notice

Prepare the written eviction notice and deliver it to the tenant using any of the following ways:

• Hand delivery to the tenant.
• If hand delivery to the tenant fails, then delivery to a family member living with them who is at least 12 years old.
• If hand delivery to a family member is not possible, then you can post the notice at a conspicuous place on the premises. In addition, send the notice by certified mail or by mail through the Firm Mailing Book for Accountable Mail by the USPS (Okla. Stat. tit. 41 § 111(E)).

Note that if you send the notice via mail, you’ll extend the notice period by three days (Okla. Stat. tit. 12 § 2006(D)).

Step 2 – Landlord Files Eviction Lawsuit with Court

If by the end of the notice period, the tenant hasn’t complied with your demand by either curing the violation or vacating the premises, proceed to the next step. You’ll file a Forcible Entry and Detainer Petition at the district court where your property is located (Okla. Stat. tit. 12 § 1148.1). 

The complaint will contain the following:

• The names and information of both parties.
• The court name.
• Address and description of the rental unit.
• The reason for the eviction.
• Notice has been property served on the tenant.

Note that the filing fee differs by county, but it’s from $58 and above.

Step 3 – The Court Serves Tenant With Summons and Complaint

The court will issue a summons. The sheriff’s office or anyone else allowed to serve the summons will serve the tenant the summons and complaint at least three days before the hearing (Okla. Stat. tit. 12 § 1148.5).

The sheriff can serve the complaint and summons through any of the following methods: 

• Giving a copy to the tenant.
• Leaving a copy with someone at least 15 years old who lives on the premises
• Mailing a copy by certified mail with a return receipt postmarked at least three days before the trial date (if the two options above don’t work).
• Posting a copy conspicuously on the premises and mailing a copy to the tenant’s last known address at least five days before the trial (if all other options don’t work) (Okla. Stat. tit. 12 § 1148.5 and 1148.5A).

Step 4 – Tenant Files an Answer 

Tenants with lease agreements do not need to file a formal answer or affidavit with the court. They can simply present their defense at the hearing (Okla. Stat. tit. 12 § 1148.6).

Any party may request a jury trial on or before trial day. If neither does, the court will try the cause (Okla. Stat. tit. 12 § 1148.7).

Step 5 – Court Holds Hearing

The process continues with a court hearing not less than five days and not more than 10 days after the court has issued the summons (Okla. Stat. tit. 12 § 1148.4).

The landlord will come with the following to the eviction hearing:

• Copies of the lease agreement.
• Copy of eviction notice and proof of service.
• The complaint and proof of service.
• Any evidence of the lease violation.

The landlord and tenant will present their cases to the judge, who will issue a judgment after hearing them.

Step 6 – Judgment and Possible Outcomes

Tenant wins:

If the tenant wins the case, they will remain on the premises. The court may also order the landlord to pay reasonable attorney’s fees (Okla Stat. tit. 12 § 1148.9).

Landlord wins:

If the landlord wins, the court will award them possession of the premises. The court may also order the tenant to pay reasonable attorney’s fees. 

If the tenant doesn’t show up to court, the court may award the landlord a default judgment.

If the tenant wishes to contest the judgment, they may file a motion for a new trial within three days of the judgment. However, that will not stop the eviction. 

At the landlord’s request, the court will issue a writ of execution, which instructs the sheriff to remove the tenant from the property forcibly (Okla. Stat. tit. 12 § 1148.10).

Step 7 – Restoration of Possession

After the court issues a writ of execution, the landlord will serve the tenant a copy of the writ personally or by posting a notice on the premises. The notice will state that the tenant has 48 hours to move out.

If the tenant refuses to move out after 48 hours, they are considered a trespasser and may be punished by a fine of up to $500 or imprisonment in a county jail for not more than 30 days, or both.

The landlord can get the sheriff or law enforcement officials in the county to help forcibly remove the tenant from the premises (Okla. Stat. tit. 12 § 1148.10A).

Eviction Reasons

The law provides legal grounds that allow you to evict a tenant. Oklahoma’s Fair Housing Law, Okla. Stat. tit. 25 § 1451, et seq., prohibits discriminatory practices. So, it’s illegal for landlords to evict tenants based on gender, race, religion, disability, age, familial status, and national origin.

Some specific reasons must be present before you can evict a tenant, and they are in two categories:

At-Fault Evictions

A landlord can evict a tenant if they default in the following ways:

• Failing to pay rent on time.
• Violating the terms of the lease.
• Committing illegal activity.
• Staying after the lease ends.

The particular reason you’re evicting a tenant determines the type of notice you’ll give them and whether you’ll allow them to remedy the violation.

1. Five-Day Notice To Pay Rent or Vacate

Overview:

• Use if rent is due and a tenant hasn’t paid.
• The notice instructs them to pay rent in five days or vacate the property.
• The five-day Notice to Quit terminates the lease if the tenant doesn’t pay at the end of five days (Okla. Stat. tit. 41 § 131).

Note that there’s no grace period to pay rent unless the lease agreement provides one. Also, rent is payable at the beginning of each month and is deemed late the next day unless the lease agreement provides otherwise.

2. 15-Day Notice of Lease Violation With Option To Remedy

Overview:

• Use if a tenant has materially breached a term in the lease agreement.
• The 15-day Notice to Quit gives the tenant 10 days to remedy the violation.
• The lease terminates at the end of 15 days after the landlord gives notice if the tenant fails to cure the breach by the 10th day.
• Violations include failing to keep the premises in a sanitary manner, causing minor property damage, using the plumbing, electrical, or other fixtures in an unsafe manner, and keeping unauthorized pets in the rental unit.

Note that if there is subsequent noncompliance with the lease agreement, the landlord can give notice and terminate the lease immediately (Okla. Stat. tit. 41 § 132(B)).

3. Immediate Termination Without Notice

Oklahoma law allows landlords to terminate the lease agreement in some situations by directly filing a Forcible Entry and Detainer action in the district court. You can give the tenant notice if you wish, but you don’t have to.

Overview:

You can terminate the lease agreement immediately in the following circumstances:

• If noncompliance has caused or can cause imminent and irreparable damage to the property or harm to any person.
• If the tenant commits any criminal activity that threatens other tenants’ health, safety, or peaceful enjoyment of the premises.
• If the tenant, the tenant’s guest, or a family member has committed an illegal activity on the premises.
• If the tenant, tenant’s guest, or family member participated in any illegal drug-related activities on or near the premises (Okla. Stat. tit. 41 § 132(C) and (D)).

No-Fault Evictions

In cases of no-fault evictions, you need to regain possession of the property for reasons unrelated to tenant behavior, and these include:

• You want to convert it to personal use.
• You want to demolish or remodel significantly.
• You want to take the property off the rental market.

If you want the tenant to move out without cause, you must wait for the tenancy to end. After the tenancy has expired, you can serve the tenant an Oklahoma eviction notice to quit.

The length of the notice depends on the type of tenancy.

1. Notice To End a Periodic Tenancy

Overview:

• Use a 30-day Notice to Vacate if it’s a month-to-month tenancy or where there’s no lease agreement, also known as tenancy-at-will.
• Use a seven-day Notice to Quit if the tenancy is less than a month.
• The notices must inform the tenant that the tenancy will come to an end, and they must move out at the end of the specified period (Okla. Stat. tit. 41 § 111).

2. Fixed-Term Tenancy

Overview:

• In fixed-term tenancy, the lease agreement specifies when the lease will expire.
• You don’t have to give the tenant a written notice to move out unless the lease agreement requires you to do so.
• If the tenant refuses to move out, give them a 30-day Notice to Quit.

Eviction Timeline

Tenant Rights in Oklahoma

Tenants have some protection under the law:

Self-Help Evictions

Landlords must follow the procedures in Oklahoma Statutes Title 41 and Oklahoma Statutes Title 12 to evict a tenant. They cannot force out the tenant through other means, including the following:

• Cutting off tenant’s access to utilities, such as water, heat, gas, and electricity.
• Changing locks.
• Removing doors, roofs, walls, or windows.
• Seizing tenant’s belongings.

An aggrieved tenant may recover possession by bringing a proceeding in a court of competent jurisdiction or terminate the rental agreement by giving the landlord notice. They can also recover an amount not more than twice the average monthly rental, or twice the damages they suffered, whichever is greater. 

If the tenant decides to terminate the agreement, the landlord shall return all deposits and all prepaid and unearned rent (Okla. Stat. tit. 41 § 123).

Abandoned Property

If the tenant leaves any property behind after the eviction, the landlord must follow the procedures in the law (Okla. Stat. tit. 41 § 130).

If it’s a perishable good or property without an apparent value, the landlord can dispose of it however they want.

However, if the property has an apparent value, there are specific steps to follow.

1. Send the Tenant Notice

The landlord will send a notice to the tenant’s last known address via certified mail. The notice will inform the tenant that if they don’t claim the property within 30 days, the property will be presumed abandoned and will be disposed of.

2. Store the Property and Wait for the Tenant

After sending the notice, the landlords will store the property in a safe place. However, the landlord can charge the tenant the storage cost when they come to pick up the property.

3. Dispose of the Property

The landlord can get rid of the property if the tenant doesn’t show up to claim it after 30 days.

Resources

• Oklahoma Bar Association: Lawyer referral services and legal forms.
• OKLaw: Legal aid services, self-help forms, and legal advice.
• Legal Aid Services of Oklahoma: Legal aid services and free legal help in eviction cases.
• Oklahoma Bar Foundation: Legal assistance and legal aid services.
• Free Legal Answers Oklahoma: Free virtual legal advice clinic.
• Legal Information for Oklahoma: Legal information.