Key Takeaways
- A legal cause is required to begin eviction in Oklahoma, such as non-payment of rent, lease violations, or criminal activity on the property.
- Proper notice must be served based on the type of lease violation—ranging from a 5-day notice for unpaid rent to immediate notice for illegal acts.
- Mistakes in the eviction process—like improper notice or self-help eviction methods—can delay or invalidate the eviction.
- Evictions typically take 2–3 weeks, but the process may extend if the tenant contests the eviction or requests a jury trial.
When a tenant signs a lease, they agree to abide by certain terms. For example, to pay rent when it becomes due, care for their rented premises, and use the property only for its intended purposes.
That said, this does not always happen. A tenant may become delinquent and fail to observe the terms of the lease. Ultimately, you may have no other option left but to evict them from your Oklahoma property.
Generally, in Oklahoma, tenant evictions typically take between two and three weeks from start to finish. They can also take longer, especially if the tenant requests a jury trial. In today’s blog, Oklahoma Red Door Management will walk you through the steps you’d have to take when evicting a tenant from your Oklahoma property.
What’s the Eviction Process in Oklahoma?
For most landlords, a tenant eviction process is usually a last resort. It can be stressful, costly, and time-consuming. What’s more, you’ll need to strictly follow specific landlord tenant laws for a successful outcome. Even tiny mistakes can stop or delay the process.
With that in mind, here’s the step-by-step process that you’d have to take to successfully remove a tenant from your property in Oklahoma.
Notice for Lease Termination
You must first have a legal cause to kickstart the eviction process against a tenant in Oklahoma. The following are some examples of legal causes:
- Failure by the tenant to pay rent after it becomes due.
- Overstaying the term of the lease.
- Violating any of the terms of the lease, such as keeping an unauthorized pet.
- Engaging in criminal acts on the rented premises.
The type of eviction notice to serve the tenant will depend on the specific violation they have committed. The following are the eviction notices to use:
- 5-Day Notice to Quit if evicting the tenant for failing to pay rent on time. The tenant will have 5 days to pay the balance due or move out.
- 30-Day Notice to Vacate if looking to evict a tenant who doesn’t have a lease or is on a month-to-month lease. The tenant will have a maximum of 30 days to vacate their rented premises.
For tenants who don’t pay monthly, the notice to serve them will depend on the frequency of rent payment:
- 15-Day Notice to Comply or Vacate if looking to evict a tenant who has violated a term of the lease. For instance, failed to maintain the unit’s habitability, refused landlord entry, or caused minor property damage. The tenant will have up to 10 calendar days to fix the violation. If not, they will need to move out of the property within 15 days.
- Immediate Notice to Vacate if looking to evict a tenant who has committed an illegal activity on the premises.
Serving a Tenant With an Eviction Notice
Landlords must serve eviction notices in a state-specified manner. If you don’t, you risk having the tenant use the irregularity as a legal defense in court. This would then require you to begin the eviction proceedings again, giving the tenant more time on the property.
The following are the methods you can use to deliver an eviction notice to a tenant in Oklahoma:
- Deliver it to the tenant in person.
- Leave a copy with an occupant who is at least 12 years old who can accept it on the tenant’s behalf.
- Post a copy in a conspicuous place on the premises. You’ll then need to deliver another copy to the tenant’s last known address by certified mail.
Generally, expect three outcomes after serving a tenant with an eviction notice. One, they can choose to fix the violation (for curable violations). Two, they can choose to vacate their rented premises and avoid a possible eviction. Or three, they can decide to disregard the eviction notice altogether.
If the tenant chooses the first two options, great; you won’t need to take any further action. If they disregard the notice, then you may have to consider filing an eviction lawsuit in the appropriate court.
Tenant Eviction Defenses in Oklahoma
Oklahoma tenants have the right to file an answer with the court after getting served with a copy of the summons. This can afford them to file any legal defenses they may have against their removal from their rented premises.
A legal defense is a valid reason a tenant can give to stop or delay their eviction. In Oklahoma, valid legal defenses include the following:
- You served the tenant with an improper notice. For instance, the notice period was too short.
- The tenant stopped paying rent because you failed to make needed repairs or maintenance, which the tenant had notified you about.
- The eviction was in retaliation after the tenant exercised a legal right, such as reporting code violations to the local government agency.
- The eviction was based on the tenant’s protected classes, such as race, religion, sex, color, or disability. These are protected under the Fair Housing Act of Oklahoma.
- The landlord attempted to evict the tenant via self-help methods. Such as, changing the locks, shutting off utilities, or harassing the tenant.
Attending the Court Hearing
After the court issues a summons, expect the hearing to be held between 5 and 10 days later. As a landlord, you may be able to obtain a favorable ruling when either of the following takes place.
One, the tenant fails to appear. In such a case, the court will most likely issue a default judgment in your favor. Or two, after presenting your case in court and obtaining a favorable judgment.
Either way, the court will issue you a writ of execution, and the eviction will continue. This will give the tenant up to 48 hours to move out or have law enforcement officials forcibly remove them from the premises.
Ensure that you are also properly following the security deposit laws when handling a tenant's eviction.
Bottom Line
As an Oklahoma landlord, you have the right to evict a tenant for violating the lease. Of utmost importance is ensuring that you follow the right procedure to remove them from your property.
For expert help in this regard or any aspect of rental management, look no further than Oklahoma Red Door Management. We have over 20 years of property management experience and can help you handle any issues regarding your Oklahoma City rental property. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.