No one wants to be evicted and no one wants to evict but here is a basic summary of the Eviction Process in Oklahoma City. Now, its important to note I am not an attorney and this is not "legal advice", for that, please seek an attorney. This is simply my blog on our experience with evictions - Landon Whitt
There are three reasons in the state of Oklahoma that allow for an expedited removal of a tenant.
1 Non payment of rent
2. Staying without permission after the lease has terminated.
3. Violation of a material provision within the lease.
In all cases you never can evict a tenant without providing the proper Oklahoma eviction notice and obtaining a court order. So just because your tenant breaks the lease does not give you immediate permission to change the locks and remove the tenants property. Even threatening the tenant with violence can get you in big trouble. So what do you do?
Oklahoma 5-day Eviction Notice
Most evictions are based on non payment of rent but this can also include material breaches of the lease like illegal activity, unauthorized occupants or pets, and failure to keep the utilities on. When the rent becomes overdue or illegal activity is noticed you must serve a written notice to the tenant giving them a 5 day notice that you will begin the eviction process if the rent is not paid or violation is not corrected. (5 day notice form here) A landlord may accept rent after this notice has been given and restore the tenant to normal status but a landlord should also provide in writing that they are not going to continue to seek an eviction. Same thing applies with lease violation correction. Evictions can hit heavy on the tenants credit score and ability to rent in the future, often kindly reminding the tenant of this fact can help the situation get worked out.
Important to note:
-One notice must be posted on the door or handed to the tenant
- Also one notice must be sent to the address using certified mail
File for Eviction
After the 5 days notice has gone out and the situation has still not been corrected the landlord can then file for an eviction. Eviction is filed at the county clerks office. The court date is usually set for seven calendar days from the date of your initial filling.
Steps to an eviction in Oklahoma City
1. File at the county clerk $53
2. Have court papers served to the tenant by a process server. $50 or less.
3. Once the court date is set (usually within 7 days) and landlord wins you must order the sheriff to meet you at the property to change the locks. $115 sheriff fee.
*If you wish to hire an attorney to do this process for you plan on spending a few hundred in addition to the above costs, you will still have to hire someone to change the locks on your behalf though.
Guide for the court hearing
Bring a copy of the posted 5 day notice and certified mail sent to the tenant, the judge will have to verify the details are correct.
Sailors and soldiers relief act requires that you prove to the court that your not evicting a member of the military that is deployed. for that just print of the search results from the Department of Defense database using the name social security number and/or date or birth of the tenants. You will need to create a free account to perform the search.
Items to bring to court:
- Copies of the lease, the ledger, copies of items associated with the eviction.
- Copy of the 5 day notices
- Military affidavit (sailors and soldiers relief act mentioned above)
- Court summons and/or any petition you have recieved
- Any other paperwork helping your case, late notices ect..
If the tenant has already moved out then you can skip the Sheriffs escort and save the $115 sheriff escort fee if you wish.
If the tenant is still there you will need to get the judge to give you a writ of assistance. This will authorize the sheriffs department to post a 48 hour notice on the property for the tenant to leave the residence after which you and the sheriff will meet at the property to change the locks. If the tenant refuses the sheriff will arrest all trespassers that do not leave.
So if you were doing the math, 5 day notice plus 7 day wait for court then 48 hour notice to vacate then landlord gains full possession of the home. Total 14 days to evict. Approximate cost if you do it without an attorney, $218
Tenants appeal? the only appeal the tenant can make is to the state supreme court within 30 days but we have never heard of any one ever filing that.