Eviction notice Oklahoma is a legal document used to evict a legal tenant. Depending on the circumstances, landlords can serve several types of eviction notices.
Both landlords and tenants need to understand the nuances of Oklahoma eviction notices, when and how they can be served, and the potential consequences of serving them incorrectly.
Understanding this part of the law will help landlords legally regain possession of their property. It also helps protect the tenant’s rights and prevent wrongful termination of tenancy.
Up-to-Date Eviction Laws in Oklahoma for 2024
An eviction lawsuit in Oklahoma is called a Forcible Entry and Detainer action (FED). Numerous laws, rules, and regulations support this action, which must be followed to the letter.
The primary legislation governing the eviction process in Oklahoma is Title 41 of the Oklahoma Statutes. This law covers the landlord-tenant relationship and outlines the associated processes.
This legislation recognizes all types of tenancy agreements, including holdover tenants, tenancy at sufferance, and tenancy at will. Different regulations apply depending on the type of tenancy agreement and the frequency of rent payment (OS §41-3).
Let’s discuss how to file an eviction notice in Oklahoma in the guide.
Grounds for Eviction in Oklahoma
A landlord can issue an eviction notice against a tenant for various reasons, which are known as the grounds for eviction. These grounds also determine which type of Oklahoma eviction notice the landlord should serve upon the tenant.- Failure to Pay Rent
- Violation of Lease Terms
- Damaging the rental unit
- Smoking in a non-smoking rental premises
- Keeping pets where it is not allowed
- Subletting where it is unauthorized, etc.
If the tenant commits the same or similar lease violation afterward, it shall be a ground for serving an immediate eviction notice Oklahoma (OS §41-132 (B)).
- Illegal Activity
- Any criminal act that threatens the health, safety, or right of peaceful enjoyment of the premises. These may include violence, assault, battery, theft, etc.
- Any drug-related criminal activity on or near the premises
- Health and Safety Violations
- Keep the rental unit clean, safe, and sanitary.
- Dispose of all ashes, garbage, rubbish, and other waste in a safe, clean, and sanitary manner.
- Keep all plumbing fixtures in a clean and sanitary condition.
- Use all appliances ( electrical, plumbing, sanitary, HVAC, elevator, etc) safely and without causing damage.
- Avoid damaging or defacing any part of the rental premises.
- Avoid disturbing the quiet and peaceful enjoyment of the premises by other tenants.
- Follow all covenants, rules, and regulations in accordance with the law.
- Avoid engaging or committing any illegal or criminal activity on or near the premises.
- Non-renewal of Lease
Types of Oklahoma Eviction Notice Forms
Landlords should issue eviction notices in Oklahoma based on the circumstances of the case. In other words, the type of eviction notice that you should issue depends on the situation. These types of eviction notices are categorized into two main types: eviction with cause and eviction without cause. Let’s discuss each category below. In Oklahoma, landlords can serve various types of eviction notices in Oklahoma when the tenant has committed a violation in the rental premises. Here are the various types of Oklahoma eviction notices with cause:| Eviction Notice Type | Grounds |
| 5-Day Eviction Notice to Pay Rent or Quit | Unpaid Rent |
| 15-Day Eviction Notice to Comply or Vacate | Violation of Lease Agreement |
| Immediate Eviction Notice | Illegal Activity |
| 30-Day Notice to Vacate | Month-to-Month Tenancy |
| 7-Day Notice to Vacate | Week-to-Week Tenancy |
5-Day Eviction Notice
If your tenant fails to pay rent on time, you have the right to take action to recover the rent owed. However, before proceeding, you must first terminate the tenancy agreement by serving a 5 day eviction notice Oklahoma. The notice informs your tenant that they have five days to either leave the rental premises or pay the rent owed. If the tenant fails to pay after the 5-day notice period elapses, you can file an eviction lawsuit against them (OS §41-131).15-Day Eviction Notice
As a landlord in Oklahoma, you can issue a 15 day eviction notice if your tenant violates the lease agreement or the provisions of Section 127 of Oklahoma Statutes (as provided above). After you issue this notice, the tenant only gets 10 days out of the 15 days to fix the violation or move out of the rental unit. If your tenant remedies the violation within the 10-day timeline, the tenancy agreement will not be terminated.Immediate Eviction Notice
Under Oklahoma laws, landlords can also evict a tenant without any need to serve an eviction notice. In such cases, the eviction is immediate, and you can proceed directly to filing a lawsuit. You can issue an immediate eviction in Oklahoma if:- Your tenant commits the same or a similar violation after they were previously served a 15 day eviction notice.
- Your tenant fails to comply with the provision of the rental agreement or Section 127 of Oklahoma Statutes, and such noncompliance causes imminent and irremediable harm to the premises or other persons.
- Your tenant engages in and commits any criminal activity or drug-related criminal activity.
Eviction Notice Without Cause
In Oklahoma, landlords can evict tenants without a specific cause. In other words, they don’t need a reason, such as failure to pay rent or lease violation, to terminate the tenancy agreement. In such situations, you must wait until the tenancy period ends and then issue an eviction notice to terminate the agreement. This eviction notice notifies your tenant that you do not wish to renew the tenancy agreement, and they must move out of the premises on a specified date. However, different eviction notices apply to different tenants. The duration of the lease agreement is primarily the determining factor. According to OS § 41-111 (A), you can terminate a month-to-month tenancy agreement with a 30 day eviction notice Oklahoma. On the other hand, for terminating a week-to-week tenancy agreement you should serve a notice at least 7 days before it becomes effective. If you and your tenant don’t have another agreement, fixed-term leases, such as year-to-year tenancies, terminate on the date specified in the lease. You are not required to give your tenant notice of the tenancy termination unless the lease explicitly provides for it.Eviction Process Oklahoma: How to Evict a Tenant from Your Premises
The duration of the Oklahoma eviction process can vary based on factors such as the complexity of the case, the court’s workload, and whether the tenant contests or appeals the lawsuit. However, below is a time estimate for each step of the Oklahoma eviction process.
| Eviction Step | Timelines |
| Issuance of an Eviction Notice | 0-15 days / 30 days |
| Filing a Petition for Forcible Entry and Detainer | After the notice period ends |
| Serving the Summons and Complaint | At least 3 days before the hearing |
| Tenant Time to Respond | Within 10 days after affidavit is filed (for defendants asserting title) |
| Eviction Hearing | 5-10 days after issuance of the Summons |
| Issuance / Service of Writ of Execution | Immediately or within a few days |
| Time to Vacate | 48 hours |
Step 1: Landlord Issues an Eviction Notice
As a landlord, the first step to initiating an eviction process is to service an eviction notice Oklahoma.
As a landlord, the first step to initiating an eviction process is by serving an eviction notice in accordance with Oklahoma laws.
The notice must clearly state the reason you want to evict the tenant, such as nonpayment of rent, lease violation, etc.
You can deliver the notice to your tenant in two ways:
- By delivering it personally
- By posting the notice on the door and sending a copy to the tenant by certified mail.
Remember to keep copies of the notices as proof of service. This will help you prove that you followed the legal procedure for eviction properly.
Step 2: Landlord Files an Eviction Lawsuit with the Court
If the notice period ends and your tenant fails to fix the default (if it is curable) or leaves the rental premises, you, as the landlord, can file a Petition for Forcible Entry and Detainer.
You should file the eviction lawsuit at the District Court in Oklahoma where the rental property is located in Oklahoma.
You need to fill out the necessary forms appropriately and pay a filing fee of $85.
Step 3: Court Serves the Tenant the Summons and Complaint
After filing the complaint, the court will issue a Summon which shall be served together with a copy of the Complaint on the tenant.
The Summons notifies the tenant to appear at the court hearing, which shall take place between five and ten days after the Summons is issued (OS. 12 § 1148.4). The Summons must be served at least three days before the end of the trial.
The Sheriff can serve a copy of the Complaint and Summons on the tenant through the following methods;
- Personal Service: The Sheriff can serve the documents to the tenant personally.
- Substituted Service: The Sheriff can serve the documents by leaving a copy with a person (at least 15 years old) living in the tenant’s residence.
- Mailing: If it’s impossible to service the documents through any of these options, they can be sent by certified mail with the return receipt requested.
After serving the documents, the Sheriff reports back to the court to ensure that they followed the due process of service.
Step 4: Tenant Reviews the Summons and Files an Answer
After receiving the Complaint and Summons, the tenant has the right to review and respond to it within 10 days after the date the affidavit is filed.
However, in Oklahoma, the law does not require regular residential tenants to file a written answer as a response to the landlord’s claim (OS. 12 § 1148.6 (B)). They can use any defenses to invalidate the landlord’s claim in court.
Step 5: Landlord and Tenant Attend Court Hearing and Receive Judgment
You as a landlord or your tenant may request a jury trial for the hearing, but if neither party requests it, the court shall try the cause (OS. 12 § 1148.7).
During the hearing, either party will present their claims with strong arguments and evidence.
As the landlord, you have the burden of proof to assert all claims against the tenant. You should present copies of the lease agreement, an Oklahoma eviction notice with proof of service, any evidence of the lease violation (pictures, videos, and witnesses), the deed of the property, etc.The tenant can present viable defenses against your claims.
After both parties present their arguments, the court will make a ruling. The judgment typically favors the party with the most convincing argument.
If the tenant wins, the court orders the tenant to remain in the rental unit until the lease term expires. If you win the lawsuit, the court will issue a Writ of Execution to proceed with eviction.
Additionally, the tenant has the option to file a motion for a new trial within three days of the judgment. However, it’s important to note that this action will not delay or stop the eviction process.
If the tenant fails to appear at the hearing, the court will enter a default judgment in your favor.
However, if your tenant doesn’t show up for the hearing and the eviction is for non-payment of rent, they can assert in good faith that they did not receive the notice and make all rent, court, and attorney fee payments within 72 hours to contest the judgment.
Tenant Defenses and Legal Protections in Court
Tenants have several defenses they can use to challenge your claims in court.
- Self-Help Eviction: These are the actions that you as a landlord take to force the tenant to leave the rental premises. For example, if you cut off utilities or change locks, and these actions are proven in court, they can invalidate the eviction process.
- Improper Notice: According to Oklahoma eviction laws, serving the tenant a wrong notice or failing to give them enough time can invalidate the eviction process. In such cases, you must restart it.
- Landlord Failure to Maintain the Rental Unit: Per the law, the landlord must keep the rental unit in good repair and the common areas safe, clean, and sanitary. If you fail to do this, your tenant may use the default as a reason for not paying rent in full, especially if they have already spent money on necessary repairs.
- Tenant Paid Rent in Full: If you serve a 5 day eviction notice Oklahoma for non-payment of rent, and the tenant pays the rent before the notice period expires, you can not issue an eviction for the same ground (nonpayment of rent).
- Discrimination: As a landlord, you should be aware that in Oklahoma, it is illegal to evict a tenant based on gender, family status, creed, nationality, etc. If such a discrimination is proven in court, it will invalidate the eviction process and you may face civil liability.
- Retaliation: You cannot evict your tenant for exercising their legal rights, for example, reporting a housing code violation, joining a tenant’s organization, requesting a repair, etc. If you try to evict your tenant for such reasons, it is considered retaliation and can invalidate the eviction process.
Step 6: Court Issues Writ of Execution: Tenant Has 48 Hours to Vacate Premises
The Writ is issued on the landlord’s request and given to the Sheriff for execution. The Sheriff is responsible for returning possession of the rental property to you, the landlord.
The Sheriff should deliver the Writ to your tenant in person or by posting to the tenant.
In Oklahoma, landlords do not have the right to physically force a tenant out of the rental, even if they win the lawsuit. They must rely on law enforcement agencies to carry out the eviction process.
Step 7: Tenant Faces Forced Removal After 48-Hour Deadline
If, after receiving a 48 hour eviction notice Oklahoma, the tenant remains in the rental after this period expires, the Sheriff will return to forcibly lead the tenant out of the property.
If your tenant abandons his/her property behind the rental property, they must settle any outstanding rent before retrieving their items from you. You, as a landlord, may also store the tenant’s property and charge storage fees.
Also, if you believe your tenant’s abandoned belongings have no value, you have the right to dispose of them. However, if the belongings are valuable, you must notify your tenant by mail at their last known address before taking any action.
Costs to Evict a Tenant in Oklahoma
The costs associated with the eviction process in Oklahoma can vary widely depending on legal fees, court filing fees, and other expenses. Factors such as whether the tenant contests the eviction or appeals the lawsuit can also impact the overall costs. However, here are some approximate estimates of the costs involved in the eviction process in Oklahoma.| Eviction Action | Cost Estimate |
| Filing an Eviction Lawsuit | $85 |
| Issuing Court Summons | $10 |
| Serving Court Summons | $50+ |
| Serving Write of Execution | $50 |
| Writ of Execution Enforcement | $89+ |
| Notice of Appeal Filing | $200+ |
| Legal Fees | $500-$10,000 |
Eviction Notice by States
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FAQs
The eviction process in Oklahoma may take from 2 to 14 weeks. However, this also depends on the particular circumstances of the case.
The first step to commencing an eviction process is by serving an eviction notice Oklahoma. After serving the notice, the next step is to file an action in court, serve a summons, appear for the court hearing, await judgment, and execute the writ. If you want to know more about how to file an eviction notice in Oklahoma, read this guide for a detailed answer.
In Oklahoma, the eviction process takes around 30 to 45 days from the time the landlord serves the tenant with a notice to vacate until the tenant is removed from the property. However, the exact timeline can vary depending on factors such as the grounds for eviction and potential legal proceedings.
On average, evicting a tenant in Oklahoma may cost at least $274. However, this estimate does not include legal fees, post-eviction fees, or other expenses.
In Oklahoma, landlords use forcible entry and detainer to remove tenants from rental properties when they haven’t followed the lease rules or state laws. This usually involves going to court and getting a judge’s permission to evict the tenant. If the tenant doesn’t leave on their own, the sheriff has to step in to make sure they do.
It’s important that a party be represented by an attorney who unders
Illegal eviction in Oklahoma refers to all those acts that are regarded as wrongful or illegal under Oklahoma laws. Examples are self-help evictions, retaliatory evictions, evictions based on discrimination, etc.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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