Latimer County Landlord-Tenant Law

Oklahoma landlord guide — county ordinances, courthouse info & local rules

Latimer County Rental Market Overview

Latimer County sits in the heart of the Ouachita Mountain region of southeastern Oklahoma, where wooded ridges and valleys create a landscape quite different from the open plains of western Oklahoma. Named for James L. Latimer, a delegate from Wilburton to the 1906 Oklahoma Constitutional Convention, the county was formed at statehood from lands that had been part of the Choctaw Nation’s Indian Territory — specifically the meeting point of all three of the Nation’s administrative districts, Apukshunubbee, Moshulatubbee, and Pushmataha. The county seat of Wilburton (~2,600) is home to Eastern Oklahoma State College (EOSC), a two-year institution that creates modest but real student and faculty rental demand. Red Oak and Hartshorne are smaller communities.

With a 2020 census population of approximately 9,444, Latimer County is a small rural county whose coal-mining heritage defined its early identity — Wilburton had 27 active coal mines by 1912 — though that industry largely collapsed between the World Wars. Today the economy blends timber, some remaining coal and natural gas extraction, Choctaw Nation employment, EOSC, and county/school district government. Rents in Wilburton range from $525–$775 per month. The county lies within Choctaw Nation territory confirmed under McGirt v. Oklahoma.

Latimer County Ordinances & Local Rules

Last verified: April 2026 · Source: OSCN

Oklahoma State Law Framework

⚡ Quick Overview

5

Days Notice (Nonpayment)

15 (10 to cure; general violations); Immediate (criminal/imminent harm)

Days Notice (Violation)

12-35

Avg Total Days

$$85

Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 5-Day Notice to Pay Rent or Quit

Notice Period 5 days

Tenant Can Cure? Yes - tenant can pay all rent within 5 days to stop eviction

Days to Hearing 5-10 (hearing scheduled after filing; summons served at least 3 days before hearing) days

Days to Writ 48 hours after judgment (writ of execution served) days

Total Estimated Timeline 12-35 days

Total Estimated Cost $150-400

⚠️ Watch Out

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.

📜 Eviction Laws Main 📊 Compare This State

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📝 Oklahoma Eviction Process (Overview)

1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
3. 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).
4. Tenant is served with a summons and has the opportunity to respond.
5. Attend the court hearing and present your case.
6. If you prevail, obtain a writ of possession from the court.
7. Law enforcement executes the writ and removes the tenant if necessary.

⚠️ Disclaimer: This page provides general information about Oklahoma eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Oklahoma attorney or local legal aid organization.

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Underground Landlord

🔍 Reduce Your Risk Before Signing a Lease: Oklahoma landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Oklahoma — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Oklahoma's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Latimer County Oklahoma Landlord-Tenant Law: Guide for Wilburton & Ouachita Mountain Area Rental Property Owners

Latimer County occupies some of Oklahoma’s most rugged and forested terrain — the Ouachita Mountain ridges of southeastern Oklahoma, where the landscape bears more resemblance to Appalachian hill country than to the prairie that dominates much of the state. Named for James L. Latimer, a delegate from Wilburton to the 1906 Oklahoma Constitutional Convention, the county was formed at statehood from lands that had been part of the Choctaw Nation’s Indian Territory. Remarkably, Latimer County’s territory had the distinction of being the convergence point of all three of the Choctaw Nation’s administrative districts — a geographic fact reflected in the complexity of the area’s pre-statehood county designations. Before statehood its territory was distributed among Gaines County, Jacksfork County, Sans Bois County, Skullyville County, and Wade County of the Choctaw Nation.

The county’s economic history was defined by coal mining — Wilburton had 27 active mines by 1912, making it a significant coal district in early Oklahoma. That industry largely collapsed between the World Wars due to labor disputes and competition from petroleum fuels, and the county never fully replaced the economic base it lost. Today Latimer County’s ~9,444 residents support an economy built on timber, some remaining extractive industries, the Choctaw Nation, Eastern Oklahoma State College (EOSC), and county and school district government. EOSC, a two-year college established as the Oklahoma School of Mines and Metallurgy in 1909, remains a significant institutional presence in Wilburton and creates student and faculty rental demand that shapes the local market.

The ORLTA in Latimer County

All residential rental relationships in Latimer County are governed by the Oklahoma Residential Landlord and Tenant Act (ORLTA), codified at Oklahoma Statutes Title 41. No local ordinances modify the ORLTA in Latimer County. There is no rental licensing requirement and no rent control. For nonpayment, a five-day pay-or-quit notice (rent only — no late fees) is required before filing a FED. For other lease violations, a fifteen-day notice to cure or quit is required. Month-to-month tenancies require thirty days’ written notice. Non-emergency entry requires twenty-four hours’ advance notice. Security deposits have no cap but must be held in an FDIC-insured Oklahoma institution, with the 45-day return clock beginning only after termination, possession delivery, and a written tenant demand. Self-help eviction is prohibited statewide.

Eviction Procedure at the 16th Judicial District Court

FED actions in Latimer County are filed at the Latimer County Courthouse, 109 N. Central St., Wilburton, OK 74578, phone (918) 465-2011, open Monday through Friday from 8:00 AM to 4:30 PM. Latimer County is part of Oklahoma’s 16th Judicial District, which also serves Haskell and Le Flore Counties. After the applicable notice period expires, the landlord files the FED petition, pays the filing fee, and is assigned a hearing date. Oklahoma’s prevailing party attorney fee provision means procedural accuracy from notice through judgment matters at every step.

This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney or contact the Latimer County District Court at (918) 465-2011 for guidance specific to your situation. Last updated: April 2026.