When you are done reading about the Oklahoma Eviction Process below, we recommend you purchase the corresponding Oklahoma Eviction Notice to be delivered to your Tenant.
Use the Button Above or Click here for a Special Offer on these Oklahoma Eviction Notice Forms
Oklahoma Eviction Laws
The Oklahoma laws regarding Landlords, Tenants, and Oklahoma Evictions are contained in Title 41 of the Oklahoma Statutes, passed by the Oklahoma State Legislature. If you are a landlord in Oklahoma, it is very important to become familiar with these laws, as they directly affect your business.
Oklahoma Eviction Notice
The first step in the Oklahoma Eviction Process is the landlord serving (delivering) the tenant with an Oklahoma Eviction Notice called a Notice to Quit. If the landlord needs to evict the tenant for failure to pay rent when due (most common reason), the landlord needs to serve the tenant with a 5 Day Notice to Pay Rent or Quit. This form gives the tenant 5 days to pay the rent, and threatens them with an eviction lawsuit if they do not. If the landlord needs to evict the tenant for breaching the lease in a manner that affects the health and safety of the tenants or others, the landlord needs to serve the tenant with a 10 Day Notice to Quit. This gives the tenant 10 days to correct the health and safety violation, or else the lease will terminate in 15 Days after receipt of the notice. If the tenant is “committing waste,” meaning seriously destroying the property, the landlord needs to serve the tenant with a Notice of Termination, ending the tenancy or lease immediately.
Forcible Entry and Detainer
What if the landlord has served the proper notice, waited out the notice period, and the tenant is still in possession of the premises? Now the landlord needs to go to court for relief. The landlord should go to the clerk’s office for the Small Claims Court in the jurisdiction where the property sits. The clerk will tell the landlord if they are in the right place. The landlord will fill out a form to file a “Forcible Entry and Detainer” lawsuit (Eviction Lawsuit). There will be a filing fee. In addition to asking for possession, the landlord can ask for back unpaid rent, late fees, repair costs (if property is damaged), court fees, and attorneys fees. The clerk will issue a “Summons” that says when the court date is. The Sheriff will deliver a copy of the Summons to the tenant, putting the tenant on notice for the hearing. The landlord can also opt to have a private process server deliver the Summons instead of the sheriff. The hearing must be more than 3 days after the tenant is served.
Going to Court Hearing
The landlord (or a landlord’s representative) must be present at the hearing in order to win. If the tenant does not appear, then the landlord will win by default. The judge will give instructions before the hearing begins. Each side will have an opportunity to speak to the judge and present evidence. The landlord should bring all evidence necessary to convince the judge to rule in his/her favor. This includes the lease, a copy of the Notice to Quit, rent receipts, photographs, written communication with the tenant, and any witnesses. At the end of the hearing, the judge will make a ruling. If the judge rules for the landlord, the judge can order the tenant to move out, as well as award money damages (back rent, damages, etc.). The landlord will usually have to give the tenant at least 2 days to move after the hearing.
What if the tenant STILL has not moved out after the hearing? The landlord needs to go back to the court clerk, and ask to have the Sheriff physically remove the tenant.
Next Step: We recommend you purchase the corresponding Oklahoma Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.