Evicting a tenant in Oklahoma can take around two to seven weeks, depending on the reason for the eviction. If tenants request a jury trial, the process can take longer.
Grounds for an Eviction in Oklahoma
In Oklahoma, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 5 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 15 Days | Yes |
| Illegal Activity | Immediate | No |
Nonpayment of Rent
In Oklahoma, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Oklahoma the day immediately after its due date. Oklahoma landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on February 1st, it will be considered late starting on February 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In Oklahoma, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Oklahoma, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities. To do so, the landlord must first serve the tenant a 15 days’ notice to comply or vacate.
The tenant has a chance to fix the issue within 10 days, otherwise the tenant must move out by the end of the 15-day notice period.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Causing minor property damage
- Allowing unauthorized occupants or pets to reside in the rental unit
- Using the electrical, plumbing or other fixtures in an unreasonable or unsafe manner
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Oklahoma, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord can file a forcible entry and detainer action at the courthouse to begin eviction proceedings.
However, the landlord has the option to first serve the tenant an immediate notice to vacate, but this is not required by law. The tenant does not have the option to fix the violation and must move out immediately.
In Oklahoma, illegal activity includes:
- Threatening imminent or immediate harm to other persons or the property
- Committing criminal activity that threatens the health, safety or peaceful enjoyment of others
- Engaging in drug-related criminal activity on or near the premises
If the tenant does not move out immediately, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Oklahoma
In Oklahoma, there are a few different types of evictions that are illegal.
“Self-Help” Evictions
In Oklahoma, self-help evictions are illegal. If a landlord is found liable, they could be required to pay the tenant twice the actual damages sustained, or twice the average monthly rent, whichever is greater.
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
While in most states it is illegal for a landlord to evict a tenant in response to exercising a legally protected right, there are no anti-retaliation statutes in Oklahoma. Oklahoma has no statutes prohibiting landlord retaliation such as when a tenant exercises a legal right such as:
- Joining a tenant’s union
- Making a complaint to a governmental official regarding a habitability issue
- Filing a lawsuit against the landlord
In Oklahoma, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved violations
- Court holds a hearing and issues a judgment.
- Writ of execution is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
Oklahoma landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- If hand delivery to the tenant fails: Hand delivery to a person at least age 12 on the premises who can accept the notice on behalf of the tenant
- If hand delivery to anyone on the tenant’s premises fails: Posting to a conspicuous place on the premises, PLUS delivery by certified mail or by mailing through the Firm Mailing Book for Accountable Mail
To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.
Many Oklahoma properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
5-Day Notice To Quit
In Oklahoma, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Oklahoma, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Year-to-Year | 30 Days |
15-Day Notice To Comply or Vacate
In Oklahoma, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 15-Day Notice To Comply or Vacate. This eviction notice gives the tenant 10 calendar days to fix the issue or 15 days to move out.
Immediate Notice To Vacate
In Oklahoma, if a tenant commits an illegal activity on the premises, the landlord can serve them an Immediate Notice To Vacate, but this is not required by law.
Instead, the landlord can go directly to the courthouse to file a forcible entry and detainer action to begin eviction proceedings immediately.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Oklahoma landlords must file a complaint in the appropriate district court. In Oklahoma, this costs $85 in filing fees.
The summons and complaint may be served on the tenant by the sheriff’s office or anyone else allowed to serve process at least 3 days prior to the hearing through one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone over the age of 15 residing on the rental property
- Mailing a copy via certified mail with a return receipt
- Posting a copy in a conspicuous place on the rental unit (only if all other methods are unsuccessful) and mailing a copy via certified mail
If the summons and complaint are posted on the rental unit, it must be done at least 5 days prior to the eviction hearing.
The summons and complaint must be served on the tenant at least 3-5 days prior to the eviction hearing, depending on the service method chosen.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing will be held 5-10 days after the date the summons was issued by the court.
Tenants may file a formal, written answer with the court if they wish, but it is not required for tenants to attend the eviction hearing.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out. However, if either the landlord or tenant requests a jury trial, this will add more time to the process.
If the judge rules in favor of the landlord, a writ of execution will be issued, and the eviction process will continue.
Tenants may request a new trial within 3 day of the date the ruling was issued in favor of the landlord, but it will not stop the eviction process.
The hearing must be held at least 5 days, but no more than 10 days, after the date the summons is issued by the court.
Step 4: Writ of Execution is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before law enforcement officials return to forcibly remove them.
If the court has ruled in the landlord’s favor, the court will issue a writ of execution. This can be done at the hearing or at a later date.
The landlord must request the writ of execution, but it may be issued the same day as the hearing, depending on what time of day the hearing was held.
Step 5: Possession of Property is Returned
The tenant will have 48 hours to move out once the writ has been posted on the rental unit or delivered to the tenant in person.
If the tenant remains in the rental unit once the deadline has passed, law enforcement officials will return to forcibly remove them from the premises. The tenant is now considered to be a trespasser and may be punished by a fine up to $500 and/or the tenant may be taken to county jail for not more than 30 days.
Oklahoma Eviction Process Timeline
In Oklahoma, an eviction can be completed in 2 to 7 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Oklahoma eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 3-5 Business Days |
| Court Ruling | 5-10 Business Days |
| Court Serving Writ of Execution | 10 Business Days |
| Final Notice Period | 48 Hours |
Flowchart of Oklahoma Eviction Process
Oklahoma Eviction Court Fees
The cost of an eviction in Oklahoma for all filing, court, and service fees can vary heavily based on service and writ execution fees. For cases filed in District Court, the average cost is $274.
| Fee | District |
| Initial Court Filing | $85 |
| Summons Service | ~$50+ |
| Writ of Execution Service | $50 |
| Writ of Execution Enforcement | ~$89+ |
| Notice of Appeal Filing (Optional) | $200+ |
Sources
- 1 41 OK Stat §41-131 (2019)
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B. A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord’s demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section.
- 2 41 OK Stat §41-111 (2019)
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A. …month-to-month or tenancy at will…a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective… B. …when the tenancy is less than month-to-month…a written notice…at least seven (7) days before the date upon which the termination is to become effective.
- 3 41 OK Stat §41-132 (2019)
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B. …if there is a material noncompliance by the tenant with the rental agreement or with any provision of Section 127 of this title, the landlord may deliver to the tenant a written notice… that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days…
- 4 41 OK Stat §41-132 (2019)
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D. Any criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises…and any drug-related criminal activity on or near the premises by the tenant or by any member of the tenant’s household or any guest or other person under the tenant’s control shall be grounds for immediate termination of the lease.
- 5 41 OK Stat § 41-123 (2021)
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If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit, the tenant may recover possession by a proceeding brought in a court of competent jurisdiction, or terminate the rental agreement after giving notice of such intention to the landlord, and in either case recover an amount not more than twice the average monthly rental, or twice his actual damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all deposits recoverable under Section 15 of this act and all prepaid and unearned rent.
- 6 41 OK Stat §41-201 (2019)
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B. 1. Possession of any drug or chemical; 2. …with intent to manufacture or distribute; 3. Sex offenses… 4. Assault or battery… 5. Any felony involving violence against another person; and 6. Such other felony offenses as the owner of the real property as described in subsection A of this section includes in the terms of the lease agreement.
- 7 12 OK Stat §12-1148.5A (2019)
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…service may be obtained…by the sheriff’s posting or by private process service posting of said summons conspicuously on the building on the premises…at least five (5) days prior to the date of trial, and by the claimant’s mailing a copy of said summons to the last-known address of the defendant by certified mail at least five (5) days prior to said date of trial.
- 8 12 OK Stat §12-1148.5A (2019)
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…such service shall be at least three (3) days before the day of trial…it may also be served by leaving a copy thereof with some person over fifteen (15) years of age, residing on the premises…or, if service cannot be made…the same may be served by certified mail with return receipt…
- 9 12 OK Stat §12-1148.4 (2019)
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The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued.
- 10 12 OK Stat §12-1148.10 (2019)
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A motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.
- 11 12 OK Stat §12-1148.10A (2019)
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A. The plaintiff or agent of the plaintiff or officer shall immediately notify the defendant in person or by posting of said notice that the plaintiff or agent of the plaintiff or officer shall return in forty-eight (48) hours to restore the plaintiff possession of the premises by executing the writ…
- 12 Okla. Stat. tit. 41 § 111(E)
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The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Post Office. If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail. For the purpose of this subsection, the word “landlord” shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title.
- 13 Okla. Stat. tit. 12 § 2006(D)
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Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, third-party commercial carrier or electronic means, three (3) days shall be added to the prescribed period; provided, however, when a summons and petition are served by mail, a defendant shall serve an answer within twenty (20) days or thirty-five (35) days if pursuant to subsection A of Section 2012 of this title, after the date of receipt or if refused, the date of refusal of the summons and petition by the defendant.
- 14 Okla. Bar Ass'n Access To Justice Com'te, A Guide to Resources Available to Property Owners and Renters Under the CARES Act
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CARES Act Section 4024(b) prohibits landlords of certain rental ‘covered dwellings’ from initiating eviction proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the nonpayment of rent. These protections extend for 120 days from enactment (March 27, 2020). Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. (Quoting Congressional Research Service, CARES Act Eviction Moratorium, CRS Insight at 1 (April 7, 2020), https://crsreports.congress.gov/product/pdf/IN/IN1132)
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