🏛️ Courthouse Information and Locations for Oklahoma
Oklahoma Eviction Laws: Notice Requirements, Process, and Timelines
Oklahoma handles evictions through District Court or Small Claims Court using “Forcible Entry and Detainer” (FED) proceedings governed by the Oklahoma Statutes Title 41 (Landlord and Tenant) and Title 12 (Civil Procedure, §§ 1148.1-1148.16). The state is considered landlord-friendly with a 5-day notice for nonpayment and relatively fast court timelines. For lease violations, tenants get a 15-day notice with 10 days to cure. Illegal activity allows immediate eviction without notice. Below you’ll find everything landlords need to know.
Oklahoma Eviction Laws
Comprehensive guide to Oklahoma's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court - Small Claims Division - Forcible Entry and Detainer (Title 12 §§ 1148.1-1148.16).
⚡ Quick Overview
💰 Nonpayment of Rent
5-day notice for nonpayment - rent is late the moment due date passes (no statutory grace period unless lease provides one). Notice must state unpaid amount and termination date (not less than 5 days). Tenant paying in full within 5 days stops eviction. After judgment: tenant gets 48 hours via writ of execution served by sheriff ($50 or actual expenses). CRITICAL: If tenant didn't receive proper notice and default judgment entered, tenant can reverse by paying all rent + costs + attorney fees within 72 hours (12 O.S. § 1148.10B). Abandoned property: 30 days to claim (§ 41-130). Landlord-friendly state with fast process.
📋 Lease Violation
15-day notice with 10-day cure for material lease violations (§ 132(A)(B)). Must specify acts/omissions and corrective action. If tenant cures within 10 days = no termination. If same violation recurs = immediate notice (no cure) (§ 132(B)). Imminent/irremediable harm to premises or persons: no notice required - file directly in court (§ 132(C)). Criminal activity threatening health/safety/peaceful enjoyment: no notice required (§ 132(D)). Drug-related offenses on premises = immediate eviction. Holdover: 30-day notice (monthly); 7-day (weekly).
📬 Service of Process
For notice: landlord/agent serves. For court summons: sheriff or process server. Summons must be served at least 3 days before hearing.
🏛️ Court & Legal Information
Tenant paying within 5 days; continuances; 72-hour reversal of default judgment
⚖️ Appeals & Post-Judgment
Sheriff serves writ of execution; tenant has 48 hours to vacate; sheriff enforces if tenant remains
📦 Tenant Property & Abandonment
Belongings left 30 days after eviction = abandoned. Landlord must store during 30-day period; can charge reasonable moving/storage costs. Payment of all rent + damages + storage = prerequisite to return of property. If unclaimed after 30 days landlord may sell at public sale with notice.
🏦 Security Deposits
45-day return with itemized deductions. Must hold in federally insured escrow account within state. No interest required. Failure to return = tenant can recover full deposit + actual damages + attorney fees. Landlord must provide tenant with written statement of deductions. Deposit cannot be applied to normal wear and tear.
💵 Late Fees
No state limit on late fees. No mandatory grace period. Must be specified in lease. Rent late immediately after due date.
🛡️ Tenant Protections
No rent control. No state preemption. Landlord-friendly state. 30-day notice for month-to-month termination.
🏙️ Local Overrides & City-Specific Rules
Very limited local variations. Oklahoma Residential Landlord and Tenant Act (Title 41) applies statewide. Must disclose known flooding and meth contamination.
Underground Landlord📝 Oklahoma Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the District Court - Small Claims Division - Forcible Entry and Detainer (Title 12 §§ 1148.1-1148.16). Pay the filing fee (~$$85).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Oklahoma
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Oklahoma attorney for specific legal guidance.
Governing Law and Court System
Oklahoma evictions are governed by:
- Title 41: Oklahoma Residential Landlord and Tenant Act (§§ 101-136)
- Title 12: Forcible Entry and Detainer Act (§§ 1148.1-1148.16)
Courts: Cases are filed in the District Court (or Small Claims Court for smaller claims) in the county where the property is located.
Filing fees: Approximately $60-$85 for basic filings, higher in some counties and for larger claims. Additional fees for service of process and writ execution.
Self-Help Eviction Prohibited
Self-help evictions are illegal in Oklahoma. Landlords cannot:
- Change the locks
- Shut off utilities
- Remove tenant belongings
- Harass tenant to force them out
Only the judge can order an eviction, and only law enforcement can physically remove a tenant. Tenants who remain after a writ of execution may be charged with trespassing (fine up to $500 and/or up to 30 days in county jail).
Legal Grounds for Eviction
Under Oklahoma Statutes Title 41 §§ 131-132, landlords may evict for:
- Nonpayment of rent
- Violation of lease terms
- Criminal or illegal activity
- Health and safety violations
- Property damage
- Holdover after lease expiration
- Termination of periodic tenancy
- Imminent harm to premises or persons
Notice Requirements by Violation Type
Nonpayment of Rent: 5-Day Notice to Pay or Quit
When a tenant fails to pay rent:
- Serve 5-Day Notice to Pay Rent or Quit
- No statutory grace period—rent is late the day after it’s due
- If tenant pays full rent within 5 days, eviction stops
- If landlord accepts any partial payment, the notice is canceled and a new notice must be served for the remaining balance
- If not paid after 5 days, landlord can file FED action
(41 O.S. § 131)
Lease Violations: 15-Day Notice (10 Days to Cure)
For material lease violations (unauthorized occupants, pets, property damage, etc.):
- Serve 15-Day Notice to Comply or Vacate
- Tenant has 10 days to cure the violation
- If not cured, tenant must vacate by day 15
- If tenant commits the same or similar violation afterward, landlord can serve immediate notice
(41 O.S. § 132(B))
Imminent Harm: Immediate Notice
If tenant’s actions cause or threaten to cause imminent and irremediable harm to the premises or persons:
- Landlord can serve notice requiring immediate cure
- If not cured “as promptly as conditions require,” landlord can terminate immediately and file FED action
- Emergencies (fire, flood, etc.): 24-48 hour notice may be given
(41 O.S. § 132(C))
Criminal/Illegal Activity: No Notice Required
For criminal activity on or near the premises:
- No notice required—landlord can file FED action immediately
- Includes: drug manufacturing/sales/use, violence, theft, illegal firearms
- Applies to tenant, household members, guests, or anyone on premises with tenant’s consent
- This violation is not curable
(41 O.S. § 132(D), § 127(8))
Termination of Month-to-Month Tenancy: 30-Day Notice
To end a month-to-month tenancy without cause:
- Serve 30-Day Notice to Terminate
- No reason required
- Either landlord or tenant can give this notice
(41 O.S. § 111)
Other Periodic Tenancies
- Week-to-week: 7-day notice
- At-will (no lease): 30-day notice (or 7-day if paying less than monthly)
- Year-to-year: 90-day notice
End of Fixed-Term Lease
If tenant stays after lease expires without renewal:
- Tenant becomes holdover
- Landlord can proceed with eviction after proper notice based on tenancy type (typically 30 days for monthly)
Service of Notice
Notices must be served properly (41 O.S. § 131):
- In person: Hand-delivered to tenant by landlord, process server, or sheriff
- Post and mail: Post on the door AND send by certified mail
Keep copies of all notices as proof of service—you’ll need them in court.
Filing the Forcible Entry and Detainer Action
After notice period expires (or immediately for illegal activity), file a Petition for Forcible Entry and Detainer in District Court.
Required documents:
- Petition for Forcible Entry and Detainer
- Copy of the eviction notice with proof of service
- Copy of lease (if written)
- Affidavit stating amount owed (if seeking damages)
Important: To recover money damages (unpaid rent, repair costs, attorney fees), you must have notified the tenant of the reason for eviction via certified mail AND posted a copy on their door.
Service of Summons and Petition
After filing, the court issues a Summons that must be served by:
- Sheriff or deputy sheriff
- Licensed process server
NOT by the landlord.
Service methods:
- Personal service to tenant
- Leaving with someone 15+ years old who lives at the property
- Certified mail with return receipt
- Posting (last resort, within 5 days before hearing)
Service must occur at least 3-5 days before the hearing.
The Court Hearing
Hearings are typically scheduled 5-10 days after filing.
At the hearing:
- Tenant is not required to file a written answer (but may)
- Landlord presents evidence: lease, notices, proof of service, rent ledger, photos/documentation of violations
- Tenant may present defenses
- If tenant doesn’t appear, court typically issues default judgment for landlord
- Either party can request a jury trial
Special rule for nonpayment default: If tenant didn’t receive proper notice of hearing and loses by default, they may reverse the judgment by paying all rent, court costs, and attorney fees within 72 hours. (12 O.S. § 1148.10B)
Judgment and Writ of Execution
If landlord wins:
- Court issues Judgment for Forcible Entry and Detainer
- Landlord requests Writ of Execution
- Deputy sheriff posts 48-hour notice on the property
- Tenant has 48 hours to vacate
In congested jurisdictions like Oklahoma City and Tulsa County, the 48-72 hour window between writ and execution may be longer due to sheriff scheduling.
Physical Removal
If tenant doesn’t leave within 48 hours:
- Sheriff returns to enforce the writ
- Only sheriff/law enforcement can physically remove tenant
- Landlord meets sheriff at property to change locks
- Additional fee for writ execution (varies by county, e.g., ~$89 in Lane County)
Appeals
Tenant may appeal by filing Notice of Appeal within 30 days.
Supersedeas bond: Within 48 hours of judgment, tenant may post a bond to delay eviction while appealing. However, the writ remains in effect unless the court grants a stay.
The only appeal is to the State Supreme Court—rarely used.
Abandoned Property
Under 41 O.S. § 130:
- Landlord must store belongings in a safe place for 30 days
- Send written notice via certified mail to tenant’s last known address
- Landlord may charge reasonable storage costs
- After 30 days, landlord may dispose of property without liability
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, improper service
- Payment: Rent was paid within notice period
- Habitability: Landlord failed to maintain premises or comply with housing/safety codes
- Retaliation: Eviction in response to tenant complaints
- Discrimination: Eviction based on protected class (race, religion, sex, color, disability) under Fair Housing Act
- Self-help attempt: Landlord tried illegal eviction methods
Attorney’s Fees
Landlords may recover actual damages and reasonable attorney’s fees in eviction actions.
Typical Timeline
- Notice period: 0-30 days (depending on grounds)
- Filing to hearing: 5-10 days
- Judgment to writ posting: Few hours to few days
- Vacate after writ: 48 hours
- Total (uncontested nonpayment): 2-3 weeks
- Total (other violations): 3-5 weeks
- Contested with appeal: Several additional weeks to months
Best Practices for Oklahoma Landlords
- Use the correct notice for each violation type
- Always serve notice by post AND certified mail for best protection
- Keep copies of all notices as proof of service
- Don’t accept partial rent payments during eviction—it cancels the notice
- For money damages, must have served notice by certified mail + posting
- File in the correct District Court for your county
- Bring all documentation to hearing
- Coordinate with sheriff for writ execution
- Store abandoned property for 30 days before disposal
- Never attempt self-help eviction
Quick Reference: Oklahoma Eviction Rules
- Nonpayment of rent: 5-day notice
- Lease violations: 15-day notice (10 days to cure)
- Criminal/illegal activity: No notice required
- Imminent harm: Immediate cure or 24-48 hours
- Week-to-week termination: 7-day notice
- Month-to-month termination: 30-day notice
- Year-to-year termination: 90-day notice
- Service before hearing: 3-5 days
- Hearing scheduled: 5-10 days after filing
- Vacate after writ: 48 hours
- Default judgment reversal (nonpayment): 72 hours
- Appeal deadline: 30 days
- Abandoned property storage: 30 days
- Filing fees: ~$60-$85
- Governing law: Title 41, Title 12 §§ 1148.1-1148.16
Bottom line: Oklahoma’s eviction process is relatively landlord-friendly with fast timelines. The 5-day notice for nonpayment and 48-hour writ execution make uncontested evictions among the quickest in the country (2-3 weeks total). For lease violations, the 15-day notice with 10-day cure gives tenants a chance to fix problems. Criminal activity requires no notice at all. Repeat lease violators lose their cure rights. Never accept partial payment during eviction proceedings, and always serve notices by both posting AND certified mail to preserve your right to recover money damages. Only the sheriff can physically remove a tenant.