Oklahoma Eviction Process: The 5-Day Rent Notice, a Hearing in 5 to 10 Days, and 48 Hours' Warning

An Oklahoma eviction is a court case called forcible entry and detainer , and it moves quickly. For unpaid rent, the landlord’s written demand gives the tenant 5 days to pay [1]. The court hearing is set 5 to 10 days after the summons is issued [4]. If the landlord wins, the tenant gets at least 48 hours’ notice before the writ is carried out [4]. A landlord who wrongfully locks a tenant out can owe the tenant damages [5].

Step 1: The notice

Which notice comes first depends on why the landlord wants the tenant out.

Unpaid rent: 5 days

If rent isn’t paid when it’s due, the landlord can give a written demand for it. If the tenant doesn’t pay within 5 days after that notice, the landlord can end the rental agreement [1]. The law treats the demand for rent as a demand for possession, so the landlord doesn’t need to send a separate notice to quit [1]. The landlord can give this notice before or after filing the court case [1].

Other lease violations: 10 days to fix

For a serious breach of the lease or of the tenant’s legal duties, the landlord can give written notice describing the problem and saying the lease will end on a date at least 15 days after the tenant receives it, unless the tenant fixes it within 10 days [2]. If the tenant fixes it in time, the lease continues [2]. A later breach can be grounds for ending the lease immediately, on written notice [2].

Some situations skip the waiting period [2]:

• a violation that causes or threatens imminent and irremediable harm to the property or a person, which the tenant doesn’t fix promptly after notice, and
• criminal activity that threatens the health, safety or peaceful enjoyment of other tenants, or drug-related criminal activity on or near the property, by the tenant, a household member or a guest.

No-fault endings

• Month-to-month: either side can end it with 30 days’ written notice [3].
• Shorter than month-to-month (such as week-to-week): 7 days’ written notice [3].
• Fixed-term lease: it ends on its end date without notice, unless you’ve agreed otherwise [3].

A tenant who stays after the tenancy ends without the landlord’s consent can be sued for possession right away. If the holdover is willful and not in good faith, the landlord can also seek up to twice the average monthly rent for each month the tenant stays [3].

How notices are delivered

Notices must be handed to the tenant personally. If the tenant can’t be found, they can be given to a family member over 12 who lives there. If neither works, the notice can be posted on the door and a copy mailed by certified mail [3].

Step 2: The court case

The landlord files an eviction affidavit with the district court clerk [4]. The case can include claims for unpaid rent and damage to the property, but not unrelated claims [4]. The Oklahoma Bar Association prepares plain-language affidavit and summons forms, and the courts link to them on the Oklahoma State Courts Network [4].

The summons sets the hearing 5 to 10 days after it’s issued [4]. It must be delivered at least 3 days before the hearing [4]. It can be:

• handed to the tenant,
• left with someone over 15 who lives there, or
• sent by certified mail, if neither of those works [4].

If none of those can be done, the summons can be posted on the property and mailed by certified mail at least 5 days before the hearing. Service that way only lets the court decide who gets the property. It can’t support a money judgment unless the tenant shows up [4].

The tenant doesn’t have to file a written answer before the hearing [4].

Withheld rent over missing services

If the tenant held back rent in good faith because the landlord didn’t provide the minimum services the law requires, and told the landlord in writing (or the landlord’s rent-collecting agent) within 10 days after the rent was due, the court’s order must say the tenant can pay the judgment, court costs and attorney fees within 72 hours, by cash or cashier’s check, to stop the writ and stay in the home [4].

Step 3: After the judgment

• New trial: a motion for a new trial must be filed within 3 days of judgment, and it doesn’t stop the eviction [4].
• The writ: if the landlord wins, the court issues a writ of execution [4]. The tenant must be notified, in person or by a posted notice, that the landlord or officer will return in no less than 48 hours to carry it out [4]. The landlord can ask the sheriff or city police for help [4].
• Refusing to leave after the writ is served is a trespass, punishable by a fine of up to $500, up to 30 days in jail, or both [4].

Appeals

A tenant who wants to appeal can post a supersedeas bond within 2 days of the judgment, or up to 7 days if the judge allows [4]. The tenant must also pay the current rent into the court clerk’s office as it comes due. Not paying rent during the appeal counts as abandoning it [4].

Lockouts

A landlord can’t take the shortcut of removing or locking out a tenant. If a landlord wrongfully removes or excludes a tenant, the tenant can go to court to get back in, or end the lease, and recover up to twice the average monthly rent or twice the actual damages, whichever is greater [5].

Getting your deposit back

When the tenancy ends, the landlord can keep part of the security deposit for unpaid rent and damages, with an itemized written statement [6]. The landlord must return the rest within 45 days after the tenancy ends, you give up possession, and you make a written demand for it [6].

Where to get help

• Legal Aid Services of Oklahoma: free civil legal help for eligible tenants, including eviction cases.
• Your county court clerk: the case file, hearing date and forms.
• A tenant attorney: worth calling if you’ve been locked out, or if your hearing is days away.