Eviction Process in Oklahoma
Eviction Process in Oklahoma
For landlords managing rental properties in Oklahoma, understanding and adhering to the state's eviction laws is crucial. In this guide, we'll outline the step-by-step legal eviction process in Oklahoma.
Oklahoma Eviction Laws Reference: Eviction laws in Oklahoma are governed by OS 12 § 1148.
Steps of the Eviction Process in Oklahoma:
Landlord Serves a Zero- to 15-Day Eviction Notice:
Landlords are required to serve an eviction notice ranging from zero to 15 days, depending on the violation.
There are three types of eviction notices in Oklahoma:
Rent Demand Notice: Provides 5 days for rent payment.
Lease Violation Notice: Allows 15 days to quit or 10 days to cure.
Unconditional Notice to Quit: Immediate termination under specific circumstances.
Landlord Files an Eviction Lawsuit with the Court:
If the tenant fails to remedy the violation within the notice period, the landlord can file a Petition for Forcible Entry and Detainer in the Oklahoma District Court.
Court Serves Tenant a Summons:
The court issues a summons, demanding the tenant's presence at a hearing scheduled between five and ten days after issuance.
Tenant Files an Answer:
Tenants with lease agreements are not obliged to file a formal answer but may present defenses at the hearing.
Squatters seeking adverse possession must file a verified answer within ten days.
Landlord and Tenant Attend Court Hearing and Receive Judgment:
Both parties present their cases, and the judge issues a judgment.
If ruling favors the landlord, the court issues an order for tenant removal, possibly with a writ of execution for enforcement by the sheriff.
Tenant Gets 48 Hours to Move Out:
After obtaining the writ, the sheriff serves the tenant, providing 48 hours to vacate the property.
Sheriff Returns to Forcibly Remove the Tenant:
If the tenant fails to vacate within 48 hours, the sheriff executes the writ, removing the tenant from the property.
Eviction of Squatters in Oklahoma:
Squatters meeting specific criteria may claim right of possession under Oklahoma squatters' rights laws.
Landlords must follow legal procedures to evict squatters, which includes serving proper notices and obtaining court orders.
Cost and Time Estimates:
Action | Approximate Cost |
Filing fee | $85 |
Issuance of court summons | $10 |
Service of court summons by sheriff | $50+ |
Issuance of writ of execution | Varies by county |
Service of writ of execution | $50, or actual necessary expenses (whichever is greater) |
Execution of writ | Varies by county |
Notice of appeal filing fee | $200-$300 |
Legal fees | $500-$10,000 |
Average locksmith fees | $160 |
Storage fees for abandoned property | Varies |
Tenant turnover costs | Varies |
The chart below shows an estimate of the duration of each part of the Oklahoma eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action | Duration |
Eviction notice period | 0-15 days |
Service of summons | At least 3 days before the hearing |
Tenant time to file Answer | Within 10 days after affidavit is filed (for defendants asserting title) |
Eviction hearing | 5-10 days after issuance of summons |
Issuance / service of writ of restitution | Immediately or within a few days |
Time to quit after writ is posted | 48 hours |
Total | 2-7 weeks |
Conclusion: Navigating the eviction process in Oklahoma requires a thorough understanding of state laws and adherence to legal procedures. Seeking professional legal assistance is advisable for landlords to ensure compliance and successful eviction proceedings.
(Note: This summary is for informational purposes only and should not be considered legal advice. Landlords should consult with legal professionals for specific guidance on eviction matters in Oklahoma.)
