How To

How to File for Eviction in Oklahoma

How to File for Eviction in Oklahoma: A Helpful Guide

Evictions in Oklahoma are governed by the Oklahoma Residential Landlord and Tenant Act. Landlords must follow specific procedures and requirements to lawfully remove a tenant. Failure to comply with these requirements can result in delays, dismissal of the eviction case, or even potential legal liability. This guide will walk you through the necessary steps to properly file for eviction in Oklahoma.

Step 1: Determine the Grounds for Eviction

The first step in the eviction process is identifying the reason for eviction. In Oklahoma, the most common grounds for eviction include:

  1. Non-Payment of Rent: The tenant has failed to pay rent by the due date.
  2. Violation of Lease Terms: The tenant has violated a specific term of the lease, such as subletting without permission, housing unauthorized pets, or causing property damage.
  3. Holding Over: The tenant remains on the property after the lease has expired without the landlord’s permission.
  4. Criminal Activity: The tenant or their guests engage in criminal activity on the premises.

Once you have determined the grounds for eviction, you must proceed with the appropriate notice.

Step 2: Serve the Required Notice

Before filing an eviction lawsuit, Oklahoma law requires landlords to provide the tenant with a written notice, specifying the reason for eviction and giving the tenant a chance to rectify the situation, if applicable. The type of notice you serve will depend on the reason for eviction:

  • Non-Payment of Rent: Serve a 5-Day Notice to Quit or Pay Rent. This notice informs the tenant that they have five days to pay the overdue rent or vacate the premises.
  • Violation of Lease Terms: Serve a 10-Day Notice to Cure (or Vacate in 15 days). This notice gives the tenant 10 days to remedy the lease violation or 15 days vacate the property.
  • Termination of Month-to-Month: Serve a 30-Day Notice to Quit to terminate the tenancy.
  • Criminal Activity: Serve an Immediate Notice to Quit. This type of notice can be used if the tenant is involved in criminal activities or poses a threat to the property or other tenants.

Each notice must clearly state the nature of the problem and include the date the notice was served. Always keep a copy of the notice for your records.

Step 3: File an Eviction Lawsuit (Forcible Entry and Detainer)

If the tenant does not comply with the notice by the given deadline, the next step is to file an eviction lawsuit. This process is also known as a Forcible Entry and Detainer (FED) action in Oklahoma.

  1. Go to the District Court: File the eviction suit in the district court of the county where the rental property is located.
  2. Complete the Affidavit and Other Forms: Fill out the necessary eviction forms, available at the county courthouse and file the eviction.
  3. Pay the Filing Fee: Pay the required filing fee, which is $58 for cases under $5,000. From $5000.01 – $10,000, the cost increases to $154.14.

Step 4: Serve the Court Summons

After filing the petition, the landlord must ensure that the tenant is properly served with the court summons and a copy of the eviction affidavit. The summons informs the tenant of the date, time, and location of the court hearing.

  • Pay a Process Server or Sheriff: Pay a Process Server or the Sheriff’s Office to serve the tenant the court paperwork. The fee is around $50. Service can also be accomplished by certified mail, but that’s not common due to the strict deadlines in eviction filings.
  • Serve the Court Paperwork: The Process Server or Sheriff will need to personally serve the tenant, a co-resident of suitable age, or post AND certify mail the eviction paperwork. If you’re utilizing the Sheriff, the court clerk can usually send a copy by certified mail to the tenant. If the tenant was served by posting and certified mail and doesn’t appear at the court date, you can only get a judgment for possession (no money judgement will be allowed).

Step 5: Attend the Court Hearing

Both the landlord and the tenant must appear at the court hearing. The landlord should be prepared to present evidence supporting the eviction, including:

  • A copy of the lease agreement.
  • Copies of all served notices.
  • Proof of service of notices and summons.
  • Evidence of the tenant’s non-compliance (e.g., payment history, photos of property damage, or police reports).

If the tenant does not show up, the court may issue a default judgment in favor of the landlord. If the tenant appears and disputes the claims, the judge will hear arguments from both parties and make a ruling.

Step 6: Obtain a Judgment and Writ of Execution

If the judge rules in favor of the landlord, the court will issue a Judgment for Possession. This judgment states that the landlord has the right to regain possession of the property.

To enforce the judgment, the landlord must request a Writ of Execution (also known as a Writ of Assistance). This document authorizes the sheriff or plaintiff’s agent to remove the tenant from the property if they do not leave voluntarily.

Step 7: Schedule the Physical Eviction

After obtaining the writ, you can coordinate with the sheriff’s office to schedule the physical eviction. The sheriff will post a 48-hour notice with the writ on the tenant’s door, informing them of the scheduled date and time for eviction. If the tenant has not vacated by then, the sheriff will oversee the removal of the tenant and their belongings.

Unless the tenant voluntarily abandons the property, you cannot remove the tenant or change the locks until 48 hours after the writ if posted.

Tips for Oklahoma Landlords

  • Follow the Law Strictly: Any misstep in the eviction process can result in delays or dismissal of the case. Always ensure compliance with Oklahoma’s landlord-tenant laws.
  • Document Everything: Keep thorough records of all communications, notices, and lease violations.
  • Seek Legal Advice: This guide is for general use only and is not legal advice. Consider consulting with an attorney, especially if the eviction involves complex issues or a tenant disputes the eviction.

Conclusion

Filing for eviction in Oklahoma requires careful adherence to legal procedures and timelines. By following the steps outlined above, landlords can ensure that their rights are protected, and they can regain possession of their property as efficiently as possible. Always keep in mind that each eviction case is unique, so seeking professional legal advice may be beneficial to ensure a smooth process.