Oklahoma Eviction Laws & Process: A Landlord Guide

Following Oklahoma eviction laws can be challenging for landlords unfamiliar with the complex eviction process. Understanding when you’re legally allowed to evict a tenant and how to file an eviction lawsuit with the Oklahoma courts is essential to managing your rental properties effectively.

Our guide will cover legal reasons for eviction, filing an eviction lawsuit, properly serving notice, and what to do once the court rules in your favor.

Key Takeaways

• In Oklahoma, legal grounds for eviction include unpaid rent, Oklahoma lease violations, danger of harm to the rental unit or any individual, illegal activity, and tenants staying past their lease expiration.
• Landlords must serve the tenant with an eviction notice before filing an eviction lawsuit.
• In Oklahoma, eviction lawsuits are legally known as actions for forcible entry and detainer. They require landlords to file an affidavit, properly serve summons to the tenant, and attend a court hearing.
• After winning an eviction lawsuit, landlords can request a Writ of Execution to regain possession of their property with the help of local law enforcement.

Valid Grounds for Eviction: Understanding Landlord Rights

Oklahoma’s eviction laws establish multiple legally valid reasons for a landlord to evict a tenant.

They include:

• Unpaid rent: If a tenant fails to pay rent within 5 days of their landlord’s demand for outstanding rent, the landlord can terminate the lease agreement, and the demand for payment also counts as a demand for possession of the premises.
• Lease violations (Section B): Material noncompliance by the tenant with the rental agreement allows the landlord to provide a 15-day eviction notice should the tenant fail to correct or “cure” the lease violation within 10 days.
• Danger of irremediable harm (Section C): If a tenant fails to immediately correct actions that could cause irreparable damage to the rental unit or any individual, the landlord may move for immediate eviction by filing a forcible entry and detainer action.
• Criminal activity (Section D): Illegal activity (including drug-related actions) by the tenant, a member of their household, or a guest is grounds for immediate termination of the lease.
• Holdover tenants (Section D): Landlords can move to immediately evict a tenant who stays past their lease expiration without permission.
• Short-term leases (Section A-B): Terminating a month-to-month or at-will lease requires 30 days’ notice. Terminating a lease shorter than month-to-month requires 7 days’ notice. If tenants fail to leave by the lease termination date, they fall under the holdover tenant eviction process discussed above.
• Squatters: Oklahoma has no special laws for dealing with squatters, and landlords must follow the usual eviction court process to remove individuals without a lease.

Initiating the Eviction Process: Filing a Complaint

Eviction laws in Oklahoma require landlords to follow a specific set of steps when filing a complaint with the court:

• Before filing with the court, the landlord must provide the tenant with an appropriate eviction notice for one of the legally recognized reasons listed above.
• Landlords can file a complaint the day after the eviction notice period ends (0–15 days, depending on the reason for eviction).
• To start an action for forcible entry and detainer (eviction lawsuit), landlords must file an affidavit with the court clerk explaining the reason for eviction and listing any claims for owed rent and/or damages.
• Obtain and deliver a copy of the summons to the tenant, following the legal requirements highlighted in the following section.

After serving the summons, landlords should prepare for their court hearing by gathering evidence, such as a copy of the lease, proof of delinquent rent or lease violations, and any other relevant documentation.

In many cases, hiring an experienced attorney can increase the chances of winning an eviction lawsuit. Alternatively, consider using EZ Evict USA to handle the challenges of an eviction.

The Correct Way to Serve Eviction Notices

Correctly serving an eviction notice and summons in Oklahoma is crucial to preventing any delays in a landlord’s court case. Oklahoma’s eviction laws outline the following requirements for serving notice:

• The notice is served at least 3 days before the trial.
• The notice is left with a person over 15 years of age residing on the property.
• If, with reasonable diligence, the notice can’t be served in person to the tenant or a person over 15 years of age, the landlord can serve it via Certified Mail with the return receipt postmarked at least 3 days before the trial.
• As an alternative to Certified Mail, the landlord can have the Sheriff or a private process service post the summons conspicuously on the rental unit and send a copy via Certified Mail to the defendant’s last known address. The Sheriff or process server must post the notice within 5 days of the trial. In this scenario, the court will only rule on possession unless the defendant shows up, but the landlord is allowed to take separate action to recover outstanding rent or damages.

Securing a Judgment for Possession

Winning an eviction lawsuit and obtaining a judgment for possession in Oklahoma requires several steps:

• Filing the previously mentioned affidavit triggers an eviction lawsuit, allowing the landlord to file a motion for possession during their court hearing.
• The court hearing will be held 5-10 days after a summons is issued. Landlords should come prepared with all necessary documentation that supports their eviction claim, such as evidence of unpaid rent or lease violations.
• Forcible entry and detention actions (eviction lawsuits) are exempt from jury trials in Oklahoma. However, the tenant may request a separate jury trial regarding unpaid rent or damages to the rental unit.
• Once the court reviews all evidence, the landlord will be awarded possession of the property if the judge rules in favor of the landlord. 

In the best case scenario, the court process should conclude within the 5-10 day mandatory window for a court hearing. However, the legal process can get delayed in several ways:

• The tenant files for a new trial within three days (though this doesn’t stop the execution of possession).
• The tenant requests a separate jury trial to resolve owed rent and/or damages issues.
• Within two days of the judgment for possession, the tenant posts a supersedeas bond, allowing them to delay the execution of possession while they appeal.

If the tenant chooses to appeal the ruling, judgment for possession may take several weeks to months. 

Taking Back Your Property: Post-Judgment Procedures

Once the courts rule in favor of the landlord, there are several more legal steps involved in claiming possession of the property:

• Upon the landlord’s request, the court will issue a Writ of Execution granting them the legal right to recover their property and any owed rent or other fees.
• The landlord, officer, or service processor must immediately notify the tenant in person that they will return in 48 hours to restore possession of the property and collect any owed rent or other fees. If the notice can’t be delivered in person, it may be posted in a conspicuous place on the property instead.
• Landlords can request the assistance of the local Sheriff or law enforcement agency to remove a tenant who fails to vacate the property forcibly. At this point, the tenant can be arrested and charged with trespassing.

Due to the mandatory notice period, regaining possession of the property takes a minimum of 48 hours, but it may take several days longer in some instances, depending on the availability of law enforcement.

Eviction Process Timeline for Oklahoma Landlords

Having a complete picture of the Oklahoma eviction process can help landlords plan ahead to avoid delays and manage the cost of eviction. Here’s a simplified timeline to keep in mind when starting the eviction process:

• Eviction Notice: Immediate termination for illegal activity or tenants staying past their lease expiration, 5 days for unpaid rent, or 15 days for a lease violation.
• Filing affidavit: The day after the appropriate eviction notice period ends.
• Defendant response: Within 10 days (if asserting title) of the landlord filing an affidavit.
• Set court date: Oklahoma eviction laws require the hearing to be held 5-10 days after the court issues a summons.
• Deliver summons: Landlords must ensure that their complaint and the court summons are delivered to the tenant at least three days before the court date.
• Judgment for possession: Granted immediately or within several days of the court hearing.
• File for a new trial: Tenants can file for a new trial within three days and may be able to postpone the eviction if they post a supersedeas bond within two days of judgment.
• Writ of Execution: Tenants have 48 hours to vacate the property once they have received proper notice of the writ of execution. Landlords may request the local Sheriff or law enforcement agency to assist with forcibly removing a tenant at the end of this period should the tenant fail to vacate the property peacefully.

Evidence Management: Best Practices for Landlords

Dealing with an eviction in Oklahoma can be overwhelming. Make the process easier by keeping thorough records that can serve as evidence. Here are some best practices:

• Digitize rent payments: Use property management software to record rent payments, including any missed payments and outstanding rent.
• Use cloud storage: Keep all documentation for each tenant, such as copies of their lease agreement, eviction notices, court summons, and any other documented interactions, securely in the cloud.
• Strong lease agreements: Create Oklahoma-specific lease agreements that establish strict and explicit guidelines, making it easier to point to specific instances of lease violations.
• Record lease violations: Document any violations by keeping copies of all related tenant correspondence and taking photos of damages or other issues.
• Neighbor complaints: Obtain written statements from other tenants who have complained or observed lease violations by the tenant facing eviction.

How TurboTenant Can Help with the Eviction Process

Use TurboTenant’s tenant screening report to find trustworthy tenants and avoid evictions. If you have to deal with the eviction process in Oklahoma, TurboTenant can relieve some of the stress.

We provide landlords with resources to help guide you through each step, ensuring legal compliance and peace of mind. From serving notices correctly to keeping impeccable records, we’ve got you covered.

Sign up today and make evictions manageable with TurboTenant.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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