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How to Evict a Tenant in Oklahoma (7 Steps)

Evicting a tenant in Oklahoma requires landlords to first select one of four eviction forms to serve as a notice to quit, dependent on the circumstances that have called for evicting a tenant. This serves as the first step in the eviction process in which a landlord may then file a forcible entry and detainer action at their local court in hopes of obtaining a Writ of Execution. 

Laws – Forcible Entry and Detainer Act (§ 1148.1 to § 1148.16), Oklahoma Residential Landlord and Tenant Act

How to Evict

Step 1: Send an Eviction Notice

Evicting a tenant in Ohio happens in one of the four following ways. The landlord must first serve the tenant one of the subsequent notices before action is taken in court.

  • Immediate Danger and Harm (Immediate Notice to Quit) – Any criminal act that threatens the health, safety, or right of peaceful enjoyment by other tenants and any drug-related criminal activity on or near the premises is grounds for immediate termination of the lease.1
  • Nonpayment of Rent (5-Day Notice to Quit) – If any rent is unpaid, a landlord may deliver a 5-day notice to quit to the tenant. If the 5-day period passes without payment, the lease may be terminated without the landlord sending any further notice.2  
  • Noncompliance (10/15-Day Notice to Quit) – Noncompliance of the rental agreement calls for notice of the tenant’s specific act(s) that constitute a breach. Unless the violation is remedied within 10 days, the lease shall than be terminated 15 days after the notice has been given.3
  • Month-to-Month (30-Day Notice to Quit) – Both tenants and landlords are required to give 30-days notice to the other party when they wish to terminate a month-to-month tenancy.4

Step 2: Wait to Hear from the Tenant 

Many non-payment and non-compliance evictions can be avoided within the notice period if and when the tenant responds to the notice and pays the amount due or cures the violation. 

In all instances, if the tenant has neither communicated, paid rent due, cured the violation, or vacated the premises by the end of the notice period, the landlord may choose to pursue a Forcible Entry and Detainer Action in court. 

Step 3: File in Court

  • Where to File: Local Court 
  • Average Process Time: ~2 Weeks5
  • Filing Fee: $856 

Forms to File: 

Step 4: Serve the Tenant 

A sheriff may serve the tenant their summons in person or if the tenant is not available for personal service, by leaving a copy with someone who lives on the property that is 15 years of age or older, mailing a copy via certified mail with a return receipt, or if all other methods fail, by posting a copy in a conspicuous place on the unit.7

Tenants will have an option to file a written answer with the court, however, they may still attend a court hearing without one if they choose to contest the eviction. 

Step 5: Attend a Hearing 

A hearing will be held no less than 5 days and no more than 10 days after the summons have been issued by the court.8

Tenants have the right to request a trial by jury as well as a right to request a new trial within 3 days of initial ruling if the court grants possession of the residence to the landlord.9

Step 6: File a Writ of Execution 

If possession of the property is granted to the landlord, they will request to file a writ of execution. A deputy sheriff will be assigned to post the eviction notice at the residence and the tenant will be given no less than 48 hours to vacate or be forcibly removed by the sheriff.10 The landlord must request the writ of execution be issued. 

Step 7: Repossess the Property 

The deputy sheriff that is assigned to post the eviction notice will set a time and date with the landlord to meet at the property and complete the eviction. They will be present to remove any person still on the property, while any property left behind will need to be kept in storage for 30 days, either on-site or in a separate space.10

Video: Evictions in Oklahoma

Sources

  1. § 41-132 (D)
  2. Title 41 § 131
  3. § 41-132
  4. § 41-111
  5. https://www.avvo.com/legal-answers/how-long-does-an-oklahoma-eviction-process-usually-2493418.html#:~:text=1%20attorney%20answer&text=The%20process%20usually%20takes%20no,the%20two%20weeks%20I%20stated.
  6. https://www.oscn.net/static/schedules/SCaD2019-0089.pdf
  7. § 12-1148.5A
  8. § 12-1148.4
  9. § 12-1148.10
  10. https://tcso.org/resources/evictions/