Oklahoma Eviction Process
In Oklahoma there are really only about 3 reasons an eviction can be filed. Either the tenant did not pay the rent, there is a hold over after the expiration of the lease, or some other violation of the lease contract. However in every case, the landlord must file and eviction notice with the court, and obtain a court order.
You Cannot Self Evict Someone
The Oklahoma eviction process is pretty straight forward. you can not just kick someone out without due process. This may make the landlord owe the tenant for damages. The tenant may also seek an injunction to prevent such future behavior. Self eviction includes things like cutting off utilities, changing locks, or removing the tenants personal property.
The 5 Day Notice
Almost every eviction is due to non payment of rent. There was a CDC order that prevented evictions from being filed due to non payment of rent, however that order ended March 31st. The order did not alleviate tenants from having to pay back rent that was missed. If the rent is overdue, the landlord has to file a 5 day notice to quit. This gives the tenant 5 days to pay the rent or eviction proceedings will continue. The tenant also has the option to leave. As a tenant, having this filed against you will not only negatively impact your credit score, but may prevent you from obtaining a rental property in the future.
The 10 Day Notice
Other reasons from filing an eviction may be due to violations of the lease agreement. These would be things such as having pets or unauthorized persons living in the rental property, or damage or unsafe conditions of the property. If this is the case, a 10 day notice must be filed. This give the tenant 10 days to remedy the situation before proceedings continue.
Forcible Entry And Detainer
The next step is for the landlord to file and have served a summons with a forcible entry and detainer. In this summons the landlord may request moneys for past due rent, damages to the property, attorneys fees and more. This must be served by a sheriff or private process server at least 3 days before the court hearing. If the tenant has a counterclaim, they may file it before the hearing, or request a trial.
Contact A Real Estate And Property Attorney
Keri Palacios specializes in real estate and property law. If you need to file an eviction or counterclaim to an eviction, contact our office right away. Send us a message or call 918-948-9270 and we will help you get the representation you need.