Tulsa, Oklahoma - Tenant Eviction Process

WHAT IS AN EVICTION?

An Eviction is a legal procedure that a landlord uses to get a renter of property, or Tenant, removed from that property. The most common reason for a tenant to be evicted is for not paying the agreed upon rent.   However, Oklahoma law regulates the process that landlords can use to legally evict a tenant.

FIRST – PROVIDE WRITTEN NOTICE

The very first thing a landlord must do before a lawsuit is filed is provide written notice to the tenant that he/she is in violation of the lease.  The notice should outline how much rent is owed, how past due the rent is, and how many days the tenant has to pay the rent owed. The law requires that the landlord allow a minimum of 5 days for the tenant to get the full amount paid before the eviction process can proceed.  Also, the landlord must give the tenant notice in one of three ways:

1. The landlord can hand deliver the notice to the tenant;
2. The landlord can hand deliver the notice to any family member over 15 years old who lives in the property; or
3. The landlord can post the notice on the tenant’s door and send a copy by certified mail.

SECOND - GRACE PERIOD

After the tenant receives the notice, the tenant has an automatic 5-day grace period before the landlord can legally continue with the eviction. However, the landlord can allow more than 5 days as long as the notice has been given.  If the tenant lives in public housing, he/she will have a 14-day grace period. If the tenant pays the landlord all of the money owed before the end of the grace period, then the tenant cannot be legally evicted for non-payment of rent.

If the tenant cannot pay the full rent within the 5-day grace period, the tenant should attempt to reach an agreement with the landlord for a different resolution prior to eviction.  If an agreement is reached, make sure all of the terms are written down and the document is signed by both the tenant and the landlord or a manager with authority to make those agreements.  

THIRD - THE EVICTION LAWSUIT

If the tenant has failed to pay the rent during the grace period, and no alternative arrangements have been made, the landlord must file a lawsuit in court to legally force the tenant out of the property.  An eviction lawsuit is called a "Forcible Entry and Detainer" action and will typically be heard in Small Claims Court.  When the landlord files the lawsuit, a judge will set the case for a hearing date.  The landlord must then provide notice of the lawsuit and the hearing date so that the tenant has the opportunity to present evidence and/or call witnesses (see the Fourth step below).  In addition to evicting the tenant from the property, the landlord can ask the judge for any and all of the following:

1. All of the rent owed plus any late charges not already paid;
2. The costs of any repairs for damages to the property;
3. Any other costs related to the non-payment of rent; and
4. Court costs and attorney’s fees.

FOURTH - SUMMONS (NOTICE)

The notice that is provided to the tenant about the court hearing date is called a Summons.  This tells the tenant that an eviction hearing is set for a certain time and date. The Summons must include copies of all the documents filed in the lawsuit.  The landlord must then provide proof to the court that the Summons was actually given to the tenant. This is called Service.  Service can be done by one of the following ways:

1. In person by a process server or a sheriff’s deputy;
2. If the tenant is not present, the Summons can be served upon another resident over the age of 15;
3. By certified mail, restricted delivery, with a return receipt;
4. If the tenant cannot be found, service can be provided by publication in a newspaper in the county in which the ....landlord resides;

If the Summons is served on the tenant less than three days before the hearing date, the tenant can ask the judge to reschedule the hearing. If the judge agrees to reschedule, the tenant will have a few more days to move out or seek legal help.

Notice by publication or by posting allows the landlord get the property.  So if the tenant fails to show up for the hearing, the judge cannot award money damages.

FIFTH - HEARING

There are three outcomes that usually happen at the hearing.  First, if both parties are present, the judge will ask if there has been an agreement reached between the tenant and the landlord.  If so, then the agreement is signed and the judge will accept its terms and hold both parties to their respective obligations.  Second, if no agreement is reached, the judge will start the case and both parties can present evidence and witnesses.  At the end of presenting evidence, the judge will determine a winner and tell the parties what they have to do next.  Lastly, if the tenant fails to show up to the hearing, the landlord will ask for a default judgment.  This means that the landlord wins the case and a judgment is rendered against the tenant for the rent and any damages alleged in the petition.

SIXTH - JUDGMENT

If the landlord wins the hearing or gets a default judgment, the judge can order you to move out immediately. The judge may also enter judgment against tenant for past due rent, damages, court costs and attorney's fees. Once the landlord has a judgment against the tenant, the landlord can garnish the tenant’s wages or bank account to pay what is owed.

LASTLY - MOVING OUT

The landlord must give the tenant a 2-day (48 hour) notice to move out after the hearing. The landlord can give the tenant the notice or request the sheriff to give the notice.

It is extremely important that you move out before the two days are up.

If the tenant does not move out within the two days, the landlord may change the locks and keep any and all property that remains inside the property.  The landlord can then put the property into storage and charge the tenant storage fees, or the landlord can auction the tenant’s belongings to satisfy any unpaid portions of the judgment.

Please contact my office if you have specific concerns about your situation or for further information about evictions.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.