Eviction Process for Oklahoma
The first step in an Oklahoma eviction is a notice from the landlord to the tenant. The notice most often used is a notice to quit. The most common reason for a tenant receiving this notice is for back rent. The tenant is given a five-day notice to pay rent or quit. During this time the tenant can pay the back rent and cancel the notice; otherwise they are supposed to move out of the unit. Another notice is the 10 day notice to quit which is used for lease violations affecting the health and safety of the residents or others. During this notice period the tenant has time to correct the health and safety violations. If they do not the lease will terminate 15 days after receipt of the notice. The tenant can also receive a notice of termination from the landlord if they are creating significant damage to the unit. This notice does not have a cure period. The tenant is supposed to move out immediately.
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process for Oklahoma
At the end of the notice period if the tenant has not moved out or cured the lease violations the landlord must file for eviction. This is done through the clerk’s office for small claims court in the jurisdiction where the property is located. The landlord fills out a form titled forcible entry entertainer. The landlord can ask for possession and any unpaid rent, late fees, and repair costs, court fees and attorney’s fees. The clerk in the small claims court will issue a summons to the tenant that tells them the date place and time of the court hearing. The sheriff delivers a copy of the summons to the tenant. An alternate means of service is the use of a private process server. The tenant must receive at least a three day notice after being served before the court hearing.
The landlord must be present at the hearing in order to win; otherwise the tenant will win by default. If the tenant does not answer the landlord will win by default. If both landlord and tenant show up at the hearing, each side has the opportunity to present their case. Each side should bring a copy of the lease, the notice to quit, or rent receipts, photographs, written communications with each other, and any witnesses. After each side presents their case the judge will make a decision. If the tenant wins they will return to good tenant status under the lease. If the judge rules for the landlord the judge can return possession to the landlord as well as give the landlord a judgment for monetary damages for back rent and or damages to the unit. The landlord usually has to give the tenant a minimum of two days to move after the effective date of the judge’s ruling. At the end of that period of time if the tenant is still in the property the landlord can go back to court and apply to have the sheriff remove the tenant.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, click here.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below