Under state law, Oklahoma landlords possess the legal right to remove renter for specific, justified reasons, such as nonpayment of rent, causing damage beyond normal wear and tear, or failing to vacate the property at the end of the lease or rental agreement term.
However, even when one or more of these grounds are met, eviction is not immediate or straightforward. Oklahoma law mandates that landlords follow a structured legal process, which can extend up to seven weeks, from filing the proper notices to obtaining a final court judgment.
What’s more, recently, carrying out evictions in Oklahoma City has become more challenging due to increased accessibility to free legal aid for tenants. With greater legal support, renters are more empowered to defend their rights, often complicating or prolonging the eviction protocol for landlords.
For landlords seeking to understand the Oklahoma eviction process in detail, here is a comprehensive guide on what to expect and how to navigate each step.
What’s the Eviction Process in Oklahoma?
The following are things to keep in mind when trying to evict a tenant in Oklahoma.
A Legitimate Reason for Eviction
Having a legal ground is the first step in evicting a tenant from your Oklahoma rental property. That is, if the residentt:
- Hasn’t paid rent on time.
- Continues to stay on the property even after their lease agreement has expired.
- Has violated a term of the lease agreement, such as keeping an unauthorized pet on the property or making illegal property alterations.
- Engaged in an illegal act while on the property.
With any of these reasons, under the Oklahoma eviction laws, a landlord can begin formal proceedings against the tenant. As the landlord, you cannot, however, try to evict a tenant through self-help means, because you no longer like them, or because they reported you to a local government agency for failing to make repairs. What’s more, it’d be illegal to try to evict a tenant because of their protected class under the Fair Housing Act.
Eviction Notices
To proceed with the eviction against the resident for a valid reason, landlords must serve them with a written notice of eviction. The type of written notice will depend on the violation the tenant has committed. The following are the types of eviction notices a landlord can use in Oklahoma:
- 5-Day Notice to Quit for Non-Payment of Rent. This written notice will give the tenant up to 5 days to either pay rent or move out.
- 30-Day Notice to Vacate for Tenants on a Month-to-Month Lease. This will give the renter up to 30 days to move out. Landlords can use the same notice when trying to evict a tenant living on the property without a lease or rental agreement.
- 15-Day Notice to Fix a Lease Violation. The written notice will give the tenant up to 15 days to fix the violation or move out. Note that if the tenant causes property damage a landlord can use the security deposit to cover the cost of repairs.
- Immediate Notice to Vacate for Illegal Activity. Landlords can go directly to the courthouse and file an eviction lawsuit against the tenant if they’re engaging in illegal activity.
Tenant Eviction Defenses in Oklahoma
After filing a complaint in the appropriate district court, the court will grant the tenant an opportunity to respond. In other words, the renter will get a chance to provide a reason to object to their eviction.
The following are the eviction defences the residential tenant may provide to delay or ever halt their eviction in Oklahoma:
- You’re attempting to evict the renter based on a protected class in violation of the Fair Housing Act.
- You, the landlord, tried to evict the tenant constructively. It’d be illegal for you to create conditions that make your rental property uninhabitable to force out the tenant.
- You tried to evict the tenant illegally using self-help tactics. Only a court order can authorize the eviction of a tenant from their rented premises.
- The tenant withheld rent payments because you failed to take care of important repairs. Rent withholding is a legal right under the Oklahoma landlord-tenant laws.
- The eviction is in retaliation to the tenant exercising a legal right.
- The Oklahoma eviction notice had errors, such as missing the effective date of lease termination.
As previously mentioned, in recent years, evicting renter in Oklahoma City has become increasingly complex for landlords due to the rising availability of free legal aid for tenants. This expanded access to legal resources empowers tenants to better understand and assert their rights, enabling them to challenge eviction proceedings more effectively.
As a result, landlords are encountering more obstacles, as tenants are now more equipped to make legal arguments that can delay or even halt the eviction process. These legal defenses not only complicate eviction but can also extend the timeline, requiring landlords to invest additional time and resources into each case.
As suck, it’s vital that landlords seek the help of a qualified attorney or property management company to guide them through the process.
Court Hearing
If the tenant doesn’t show up for the eviction hearing, the court will most likely issue a default judgment in the landlords favor. But if they decide to show up, a hearing will be held.
If the landlord wins the case, either through a default judgment or at the hearing, they’ll be issued with a writ of execution. This will allow the renter to remove their belongings before possible forceful eviction by the sheriff.
In Oklahoma, a writ of execution gives tenants 48 hours to move out on their own. If they still choose not to move out, as the landlord, you’ll need to file a writ of assistance with the county sheriffs department to remove them. If this is successful a sheriff will remove the tenant and return possession of the Oklahoma City property to you.
Bottom Line
Understanding the legal eviction process is vital to ensure that it goes as smoothly as possible. For professional guidance in any aspect of property management, look no further than Archstone Properties. We are a dependable and knowledgeable rental management company in Oklahoma City. Reach out to learn more about our dedicated property management solutions!
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 rental management may change, rendering this information outdated by the time you read it.
