Outline of the Eviction Process in Oklahoma

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Okla. Stat. tit. 41, § 101 to § 136 (Residential Landlord and Tenant Act); tit. 12, § 1148.1 to § 1148.16 (Forcible Entry and Detainer).

2. Notice to Quit

• Written notice served:
  • Non-payment: 7-day notice to pay or vacate.
  • Lease violation: 10-day notice to cure or vacate (if curable); 15-day for non-curable or repeat violations.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity: 5-day notice to vacate (no cure).
  • Holdover: 7-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 7 days) or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Forcible Entry and Detainer Affidavit (Form AOC-12) in District Court (Small Claims for claims under $10,000).
• Documents: Affidavit, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$58–$85 (plus $45 service fee).
• Timing: After notice period expires (e.g., 8th day for 7-day notice).

4. Serving the Summons and Complaint

• Sheriff, deputy, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident (age 15+), or posted and mailed.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 5–10 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Execution for Possession if landlord wins.
• Appeal: 7 days to District Court (requires bond).
• Execution issued: ~2–7 days post-judgment; sheriff serves 48-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Okla. Stat. tit. 12, § 1148.10A.

8. Tenant Protections

• Rights:
  • Cure violations (7 days for rent, 10 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 2 months’ rent or twice damages).
• Resources:
  • Legal Aid Services of Oklahoma (800-421-1641), oklahomalawhelp.org, okcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local variations may apply.
• Sources: Okla. Stat. tit. 41, § 101 to § 136; tit. 12, § 1148.1 to § 1148.16; okcourts.gov; oklahomalawhelp.org.

Eviction Process by State