Oklahoma Eviction Laws: Rules for Every Landlords and Property Managers

Here is a brief summary of the Oklahoma eviction process in Oklahoma City where I share with you how to evict a tenant by following proper Oklahoma eviction laws. This article tells you what you need to know based on how the legal eviction process has changed. And get to know about Oklahoma eviction without a lease.

Here are the steps of the Eviction Process in Oklahoma:

Step 1: Send Notice of Eviction to Tenants

Step 2: Filing for Eviction

Step 3: Get a Judgement from the Court Possession

Step 4: Changing Locks

Let me start by telling you that I am not an attorney. This is not legal advice. My advice is that if you need an eviction done, seek out an expert. That’s especially true during the Coronavirus pandemic.

If you are a landlord and want to file the eviction yourself, think twice. Legal aid will be at court assisting the tenant – looking for any technicality to get your case thrown out of court.

Property management OKC used to do the eviction process on behalf of our clients. That’s changed since the beginning of the pandemic. I’m just going to give you a rundown of the process that we and the attorney go through when we are doing an eviction.

For starters, I get quite a few questions from out-of-state real estate investors about evictions in Oklahoma. I think they are familiar with some jurisdictions, like Southern California, where the eviction process can be a complete nightmare. Rent control. Ridiculous squatter’s rights. Ridiculous time frames.

It’s gotten more difficult in Oklahoma since the beginning of the pandemic, but it doesn’t rise to that level. 

How Does the Eviction Process Work in Oklahoma?

The Landlord and Tenant Act regulates the eviction process in Oklahoma. So, landlords and tenants should know their rights and responsibilities during the eviction proceedings. The applicable process cannot be the same for all states. It differs from state to state depending on the reasons for evicting the tenant. Landlords must follow all the procedures of Oklahoma eviction laws. Otherwise, the tenants can be able to challenge the eviction. Let’s get into the depth of how eviction works in Oklahoma orderly.

Step 1: Send Eviction Notice to Tenants: 

Just because you don’t like them, you can’t evict anyone. You need to ensure that you have a legal and compelling justification for the eviction before you start the eviction process in Oklahoma, otherwise, you will find that the judge may not rule in your favor.

Here are common reasons you can evict a tenant:

1. Not paying rent on time at all
2. Violating lease terms such as getting unapproved animals
3. Causing damage to the rental property
4. Doing illegal things on the property

The first thing you’ll have to do so is to send a written notice to the tenants. Let them know how they have violated the lease. For example, if they have not paid the rent, you should provide them with a 5-day notice to quit Oklahoma.

If you want to give your tenant the eviction form, you can create an Oklahoma eviction notice form from here 

Tenant Violates the Lease: the Oklahoma Eviction Laws for No Lease Payment

Not Paying Lease/Rents

Failure to pay rent is by far the most common reason that Oklahoma City tenants are evicted. The lease provides for the amount of rent that the tenant is to pay the owner of the rental unit. And, the rules around when and how the rent is to be paid.

Evicting a tenant due to failure to pay rent is the easiest way to evict a tenant because it is easy to prove one way or the other. You can also evict an OKC tenant for other lease violations.

Evicting an Oklahoma tenant due to other lease violations can be very difficult because it’s not always easy to prove. For example, suppose your lease doesn’t allow for pets. You can file on the tenant for having a dog on the property. You even have a photograph of the dog on the property. 

You get to court, and when the judge asks the tenant if they have a dog, the tenant says that the dog was just there for a few days and is now gone. The judge continues the case. You do a walk-through inspection and sure enough, the dog is no longer at the property. You show back up to court and the case is dismissed. The dog reappears at the property the very next day once the heat is off. 

Criminal Activity

A landlord can terminate the lease early if a tenant does anything unlawful on the premises. 

Many states also allow a landlord to evict a tenant as early as 24 hours after committing a drug-related or criminal offense.

Needless to say, if you can evict a tenant from residential property for trying to run a legitimate business, you can evict a tenant for attempting to operate an illegal activity. It is possible to evict tenants who try to sell some form of narcotics, prescription medication, or other illegal substances from the house.

You must serve the tenant a notice to quit, advising them that you will be filing for eviction due to criminal activity.

Holdover: Eviction Process Without Lease

Understand and go through the state law about the Oklahoma eviction notice and hire a lawyer for the further legal process. Provide a 30-day “Notice to Quit” to the tenant and file for a petition. The final step is to remove the tenant following the premises and change the locks.

You can file for an eviction if the tenant refuses to move out after their lease has expired and you have provided them with a 30-day notice to quit.

What’s the Next Step After Lease Violation?

Landlords evict tenants for lease violations because they possess a right to it, but they must issue a written notice known as a ‘Notice to Quit.’ Here’s the detailed information about it based on lease type.

Oklahoma 10/15 Day Notice to Quit

This notice is given to the tenant if the tenant has in some way materially violated the lease. For example, a landlord could serve this notice on a tenant for failure to pay rent. In this case, the tenant would have 10 days to pay rent. If the landlord accepts any money from the tenant, the notice is canceled, and the landlord would have to serve another notice for the remaining balance of the rent. 

The landlord could not terminate the lease within the 10-day notice period. If the breach of the lease were not cured within the 10-day period, the lease could be terminated on the 15th day.

Oklahoma 5-Day Eviction Notice to Quit

The 5-day notice to quit is the most commonly used eviction notice in Oklahoma. Once a lease violation occurs or a tenant is late with their rent, you must provide the tenant with a 5-day notice to quit. That notice must be posted on the door of the property or handed to the tenant. And one copy of the proper notice must be sent to the tenant at their property by certified mail. 

Eviction Notice Without Cause

To terminate the tenancy of month-to-month leases or a lease agreement that has been in effect for less than one year, a 30-day notice to leave is used.

Notice of eviction without a cause could include:

Month-to-Month Tenancy [30-day Eviction Notice]

The Oklahoma Lease Termination Notice is a document that allows a landlord or tenant to terminate the lease agreement in Oklahoma.

At the termination of the lease, the landlord regains the property’s ownership rights. 

A month-to-month tenancy is a periodic tenancy created when control of the property without a definite expiry date is given to the renter and the landlord is paid on a monthly basis.

For a landlord, it’s easy to end a month-to-month tenancy. You do not need to offer a reason (though acting on discriminatory or retaliatory motives is illegal).

Fixed-Term Lease

A fixed-term rental agreement, or term lease, refers to a rental lease with a start date and end date designated. Lease Agreement Terms vary from 6 to 24 months.

The tenant will either move out on a designated date at the end of the contract, the term lease will change to a month-to-month lease or the lease term will be extended by mutual consent. Explicit information about what happens at the end of the term lease should be in the lease.

Step 2: Filing for Eviction Process

If the tenant doesn’t correct the issue within the five-day period, you or your attorney can file for eviction at the county clerk’s office. The court date for the first eviction hearing is usually seven calendar days from the date of the filing.

The eviction process server must serve the court papers to the tenant once the filing has been done. If the process server serves the tenant personally, that is, hands the tenant the court papers, the landlord may be eligible for a money judgment. If the process server cannot catch the tenant at home to serve them, they must post the papers on the door and send them certified mail. If you don’t get personal service, you are not entitled to a money judgment unless the tenant shows up in court.

When you go to court, you must go “loaded for bear”. If you aren’t familiar with that expression, it means that we bring everything. Your attorney will know what these items consist of and include copies of the lease agreements, the ledger, copies of items associated with the eviction (summons, petition, proof of service, 5-day notice, military affidavit, and entry of appearance), and anything that might come as a bone of contention.

What is the Cost of Filing an Eviction Process in Oklahoma

The cost of filing an eviction process varies, but every state charges filing fees. Here is the list of the cost to file for an Eviction process in Oklahoma:

Type of Eviction Claim	Filing Fee
“Forcible Entry and Detainer” for less than $5,000	$58 plus service charge
“Forcible Entry and Detainer” above $5,000	$144.14 plus service charge
Illegal Activity	$85 plus service charge
Obligation for less than $5000	$58 plus service charge
Obligation of more than $5000	$209.14 plus service charge
Uncontested Residential eviction	$247.85 plus service charge

Step 3: Get a Judgement from the Court Possession

These tips are mostly for those who are brave enough to file and represent themselves in court. 

If the 5-day notice is not valid, you can’t get possession of the rental property. That means it has to be properly served to the tenant (see the rules on that above). The court will ask to see a copy of the 5-day notice to quit to verify the details are correct.

The Sailors and Soldiers Relief Act requires that you show evidence to the court that you are not evicting a member of the military who is deployed. For that, you do a search of the Department of Defense database using the name, social security number, and/or date of birth of the tenants. 

 You fill in an affidavit showing that we have done this search and that the tenant who is being evicted is not on that list. If you don’t get personal service and the tenant doesn’t show up for court, the best you can hope for is the possession of the property.

You will NOT get a money judgment. The terms of the judgment are spelled out in the journal entry. The judge signs the journal entry and one files the journal entry with the court clerk.

It’s better to leave the courtroom work to an attorney who specializes in evictions. Especially during the time of covid. There are so many changes in eviction Oklahoma procedures. It’s tough to even for the attorney to keep track. And if your case gets dismissed, you will have to start your eviction lawsuit all over from square one.

Step 4: Changing the Locks

If you think the tenant has already moved out of the property, once you get legal possession you can change the locks once you verify the property is vacant. Thus, you can save the cost of meeting a deputy sheriff at the property to change the locks.

If you think the tenant or other people might still be on the property, you need to get the judge to sign a writ of assistance. You pay for the writ of execution, get it signed, and file it with the court clerk. A deputy sheriff will post a 48-hour notice on the property. A deputy sheriff will post a 48-hour notice on the property. You meet the deputy sheriff at the property and change the locks.

The only appeal is to the State Supreme Court within 30 days. I’ve never heard of anyone making such an appeal, but I’m certain it has happened.

If you are in a situation in which you think you’ll need to evict a tenant and would like our opinion or assistance, fill in the contact form, give us a call, or get more information about our Oklahoma City property management services.

Evicting a tenant is the last roadmap landlords take. But, what to do after the eviction? There are various steps you need to follow after eviction. More forward to the top priorities for your rental properties.

Squatters Right in Oklahoma City, OK

In order to claim right of possession (OS § 12-93, 94) under the Oklahoma Squatters Law, an individual must occupy the property at least for the time period of 15 years and paid property taxes for at least five years. The rightful owner has a time period of two years to recover possession of their property from unauthorized processors through legal action.

I have already written another blog post about Squatters Rights Oklahoma which includes a lot of data and statistics about the rights they hold.

Also Read: Can Police Remove Squatters?

What Law Regulates the Oklahoma Eviction Process?

The Eviction Process in Oklahoma is regulated by the Oklahoma Forcible Entry and Detainer statute (OS §12-1148.14). It requires the landlord to remove tenants from a rental property lawfully and establishes both landlords’ and tenants’ rights.

Landlords must provide tenants written notice that they have a certain number of days (usually 3-30, depending on the situation) to vacate before filing an eviction lawsuit. If tenants don’t vacate after notice, landlords can then file an eviction case in a special landlord/tenant court. The landlord can only change the lock after receiving a court order.

Oklahoma eviction laws also operate in compliance with federal and state fair housing laws, which prohibit discrimination based on race, religion, sex, disability, familial status, or national origin. To better understand how eviction fits within the broader legal framework for landlords and tenants, check out the article renters’ rights in Oklahoma.

Oklahoma Eviction Process Timeline

The eviction process in Oklahoma and its timeline are designed to balance landlords and tenants rights. The timeline can vary based on the circumstances of each case.

Find more about Oklahoma Eviction Guidelines. Fill up the form below for any rental management queries or Call us today at 14052325800

FAQs About Oklahoma Eviction Process