How To File An Eviction Notice In Oklahoma?

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Eviction is the legal process by which a landlord may legally remove a tenant from their rental property. For that, Landlords are required to inform tenants they are being evicted with a notice that explains the reason for the eviction and the number of days before eviction proceedings begin.



Here are the simple 4 steps to file an eviction:

Step 1:  Send Notice of Eviction to Tenants
Step 2:  Filing for Eviction
Step 3: Get a Judgement from the Court Possession
Step 4: Changing Locks

If you are a landlord and want to file the eviction yourself, think twice.  Legal aid will be at court assisting the tenant – looking for any technicality to get your case thrown out of court.  

Step 1:  Send Notice of Eviction to Tenants

Just because you don’t like them, you can’t evict anyone. You need to ensure that you have a legal and compelling justification for the eviction before you start the eviction process, otherwise, you will find that the judge may not rule in your favor. 

Here are common reasons you can evict a tenant.
  • Not paying rent on time at all
  • Violating lease terms such as getting unapproved animals
  • Causing damage to the rental property
  • Doing illegal things on the property

Step 2: Filing for Eviction Process

If the tenant doesn’t correct the issue within the five-day period, you or your attorney can file for eviction at the county clerk’s office.  The court date for the eviction is usually seven calendar days from the date of the filing.

The eviction process server must serve the court papers to the tenant once the filing has been done.  If the process server serves the tenant personally, that is, hands the tenant the court papers, the landlord may be eligible for a money judgment.  If the process server cannot catch the tenant at home to serve them, they must post the papers on the door and send them certified mail. If you don’t get personal service, you are not entitled to a money judgment unless the tenant shows up in court.




Step 3: Get a Judgement from the Court Possession

If the 5-day notice is not valid, you can’t get possession of the property.  That means it has to be properly served to the tenant (see the rules on that above).  The court will ask to see a copy of the 5-day notice to quit to verify the details are correct.

The Sailors and Soldiers Relief Act require that you show evidence to the court that you are not evicting a member of the military who is deployed.  For that, you do a search of the Department of Defense database using the name, social security number, and/or date of birth of the tenants. 

 You fill in an affidavit showing that we have done this search and the tenant who is being evicted is not on that list. If you don’t get personal service and the tenant doesn’t show up for court, the best you can hope for is the possession of the property.  

You will NOT get a money judgment.  The terms of the judgment are spelled out in the journal entry.  The judge signs the journal entry and one files the journal entry with the court clerk.

It’s better to leave the courtroom work to an attorney who specializes in doing evictions. Especially in the time of covid. There are so many changes in eviction Oklahoma procedures. It’s tough to even for the attorney to keep track. And if your case gets dismissed, you will have to start your eviction all over from square one.



Step 4: Changing the Locks


If you think the tenant has already moved out of the property, once you get legal possession you can change the locks once you verify the property is vacant.  Thus, you can save the cost of meeting a deputy sheriff at the property to change the locks.

If you think the tenant or other people might still be on the property, you need to get the judge to sign a writ of assistance.  You pay for the writ, get it signed, and file it with the court clerk.  A deputy sheriff will post a 48-hour notice on the property.  You meet the deputy sheriff at the property and change the locks.

The only appeal is to the State Supreme Court within 30 days.  I’ve never heard of anyone making such an appeal, but I’m certain it has happened.

If you are in a situation in which you think you’ll need to evict a tenant and would like our opinion or assistance, fill in the contact form below, give us a call, or get more information about our Oklahoma City property management services.

Evicting a tenant is the last roadmap landlords take. But, what to do after the eviction? There are various steps you need to follow after eviction. More forward to the top priorities for your rental properties.

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