Oklahoma Eviction Process

Oklahoma Eviction Process

Last Updated: June 28, 2024 by Roberto Valenzuela

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.

example

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

    Read More

    Eviction notice posted on iPropertyManagement.com

    In Oklahoma, all evictions follow the same process:

    1. Landlord serves tenant written notice of violations
    2. Landlord files complaint with court for unresolved violations
    3. Court holds a hearing and issues a judgment.
    4. Writ of execution is issued
    5. 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:

    1. Hand delivery to the tenant
    2. 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
    3. 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.

    warning

    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.

    Eviction Complaint Filed on iPropertyManagement.com

    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:

    1. Giving a copy to the tenant in person
    2. Leaving a copy with someone over the age of 15 residing on the rental property
    3. Mailing a copy via certified mail with a return receipt
    4. 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.

    note

    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.

    Eviction Court Hearing on iPropertyManagement.com

    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.

    note

    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.

    Eviction Writ of Execution on iPropertyManagement.com

    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.

    note

    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.

    Eviction property possession returned on iPropertyManagement.com

    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 Process Flowchart on iPropertyManagement.com

    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+

    Read more

    Sources