Oklahoma Eviction

Oklahoma landlords can evict any tenant so long as the proper Oklahoma eviction laws are followed. It is illegal in Oklahoma and in all states for a landlord to lock out a tenant or turn off the utilities to force the tenant out. To begin a proper eviction, the landlord must first give the tenant notice that the lease is terminating.

Available Oklahoma Termination Notices

Notice is a necessary prerequisite to beginning any eviction action. In Oklahoma, the kind of notice a landlord needs to give depends on the kind of tenancy. If the tenancy is month-to-month, the landlord must give 30 days notice. If the tenancy is less than month-to-month, 7 days notice will suffice. For a tenant holding over after a term lease has finished, the landlord need not give any notice that he or she is beginning eviction proceedings.

If a landlord wishes to end a term tenancy (one year, two year) earlier than the lease indicates, he or she may do so by serving the tenant with an appropriate notice. Oklahoma allows for the following types of written termination notices:

Failure to pay rent: This is a 5 day notice, and the tenant must pay rent or leave the premises within 5 days of receiving this notice (O.S. 41-131).

Breach of rental agreement: This is a 10 day notice, and the tenant must cure the breach of the lease or leave within 10 days of receiving the notice (O.S. 41-132).

Your local district court may have notice forms available for you to fill out. See “Getting Help” below.

Getting Help

Evictions in Oklahoma are handled in the District Courts (specifically, the district in which the property is located). Find your local District Court at the Oklahoma courts website. Your local court may also have notice forms or other eviction forms available for you to fill out. While filing forms may seem like the easiest way to evict, tenants have rights too. If you are unsure of the termination and/or eviction process at any point, you may wish to hire or consult an Oklahoma landlord tenant attorney. When doing so, be sure to refer to Questions to Ask Your Oklahoma Evictions Lawyer below.

Self-Help Evictions in Oklahoma

Self-help evictions are illegal in Oklahoma. A landlord cannot exclude his or her tenant from the rental property for any reason without going through the eviction process. This means that if the landlord changes the locks or shuts off the utilities to force out the tenant, the landlord could be liable under O.S. 1981-41-123 for 2 times the monthly rent or 2 times the actual damages, whichever is greater.

Questions to Ask Your Oklahoma Evictions Lawyer

1. How many evictions cases have you handled?
2. How many were successful/unsuccessful?
3. How long will the eviction process take?
4. For tenants: How long do I have before I MUST move out?
5. For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
6. What do you charge?
7. For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?

Case Studies: Oklahoma Eviction Scenarios

Case Study 1: John’s Failure to Meet Rent Obligations

John, a tenant residing in Oklahoma, fails to fulfill his rent payment on the designated due date. Consequently, the landlord serves John with a 5-day notice, which requires him to settle the outstanding rent or vacate the premises within the specified timeframe. If John fails to comply, he may face eviction as a potential consequence.

Case Study 2: Sarah’s Violation of Rental Agreement Terms

Sarah, a tenant residing in Oklahoma, breaches the terms outlined in her rental agreement. In response, the landlord issues Sarah a 10-day notice, granting her an opportunity to rectify the breach or vacate the property within the designated timeframe. Failure to address the violation within this period may result in eviction.

Case Study 3: Mark’s Unlawful Attempt at Self-Help Eviction

Mark, a landlord based in Oklahoma, unlawfully tries to carry out a self-help eviction by changing locks or disconnecting utilities to force his tenant out. However, it is important to note that Mark’s actions are illegal under Oklahoma law, and he may be held accountable for any resulting damages.