Oklahoma landlords can evict any tenant so long as the proper Oklahoma eviction laws are followed. It is illegal in Oklahoma and in all states for a landlord to lock out a tenant or turn off the utilities to force the tenant out. To begin a proper eviction, the landlord must first give the tenant notice that the lease is terminating.
Available Oklahoma Termination Notices
Notice is a necessary prerequisite to beginning any eviction action. In Oklahoma, the kind of notice a landlord needs to give depends on the kind of tenancy. If the tenancy is month-to-month, the landlord must give 30 days notice. If the tenancy is less than month-to-month, 7 days notice will suffice. For a tenant holding over after a term lease has finished, the landlord need not give any notice that he or she is beginning eviction proceedings.
If a landlord wishes to end a term tenancy (one year, two year) earlier than the lease indicates, he or she may do so by serving the tenant with an appropriate notice. Oklahoma allows for the following types of written termination notices:
Failure to pay rent: This is a 5 day notice, and the tenant must pay rent or leave the premises within 5 days of receiving this notice (O.S. 41-131).
Breach of rental agreement: This is a 10 day notice, and the tenant must cure the breach of the lease or leave within 10 days of receiving the notice (O.S. 41-132).
Your local district court may have notice forms available for you to fill out. See "Getting Help" below.
Evictions in Oklahoma are handled in the District Courts (specifically, the district in which the property is located). Find your local District Court at the Oklahoma courts website. Your local court may also have notice forms or other eviction forms available for you to fill out. While filing forms may seem like the easiest way to evict, tenants have rights too. If you are unsure of the termination and/or eviction process at any point, you may wish to hire or consult an Oklahoma landlord tenant attorney. When doing so, be sure to refer to Questions to Ask Your Oklahoma Evictions Lawyer below.
Self-Help Evictions in Oklahoma
Self-help evictions are illegal in Oklahoma. A landlord cannot exclude his or her tenant from the rental property for any reason without going through the eviction process. This means that if the landlord changes the locks or shuts off the utilities to force out the tenant, the landlord could be liable under O.S. 1981-41-123 for 2 times the monthly rent or 2 times the actual damages, whichever is greater.
Questions to Ask Your Oklahoma Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?