A reference of Oklahoma Eviction Laws, and steps of the Oklahoma eviction process for landlords and renters, updated 2021.
- What are the reasons that landlords can evict tenants under Oklahoma eviction laws?
- Nonpayment of rent (Okla. Stat. tit. 41 § 131)
- Threat to health or safety (Okla. Stat. tit. 41 § 132(D))
- Non-compliance with the lease agreement (Okla. Stat. tit. 41 § 132(B))
- The tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Okla. Stat. tit. 41 § 131(A))
- What notice do Oklahoma eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must provide a 5-day notice. (Okla. Stat. tit. 41 § 131).
- For evictions based on a violation of a health or safety hazard, no notice is required if the tenant causes or threatens to cause harm to the property or to another person there, the tenant commits criminal activity that threatens the health, safety, or enjoyment of the premises by other tenants, or the tenant participates in activity involving controlled substances on the property, no notice is required. (Okla. Stat. tit. 41 § 132(D)).
- For evictions based on non-compliance with the lease, the landlord must provide a 10-day notice to cure and 15 days to move out. (Okla. Stat. tit. 41 § 132(B)).
- The landlord can end a month-to-month tenancy by providing a 30-day notice. (41 O.S. § 131(A)).
- Do Oklahoma eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
Eviction Process in Oklahoma: Step-by-Step
The eviction process in Oklahoma is called “Forcible Entry and Detainer.” It involves the following steps:
- The landlord serves the eviction notice. The landlord must serve the appropriate type of written eviction notice on the tenant that states the reason why the landlord is evicting the tenant unless there is a threat to health or safety.
- Landlord files for eviction. If the tenant stays at the rental property beyond the date listed on the eviction notice, the landlord begins the official eviction process in Oklahoma by filing a Forcible Entry and Detainer Petition that sets out the reasons for eviction and a summons that notifies the tenant of the legal action. The tenant can request damages in the action, too, such as unpaid rent, repair costs, or attorneys’ fees if they send the tenant written notice of the eviction via certified mail and post a copy on the tenant’s door. The court sets a hearing date.
- The landlord serves the tenant. The landlord must have the tenant legally served, usually through the deputy sheriff.
- Parties attend the eviction hearing. The parties attend the hearing and present their case. The court rules in favor of one of them.
- The landlord files an execution. If the court rules in favor of the landlord, the landlord must file an execution. A deputy sheriff posts the eviction notice at the rental property. Under Oklahoma law, the landlord must give the tenant at least 48 hours before the tenant can be removed. The deputy sheriff can take physical control of the property and remove the tenant from the property.