How to Evict a Tenant in Oklahoma

In Oklahoma, you can evict someone for breaking the terms of the lease, not paying rent, or conducting criminal activity on the property. You cannot evict anyone as a form of retaliation or for a reason that could be considered discriminatory.

1. Serve written notice

In Oklahoma, you almost always must serve written notice to begin the eviction process. The kind of notice you give will depend on the reason for eviction.

If you are evicting someone for unpaid rent, you must give five days' written notice. The notice must let the tenant know that they have five days to pay rent of leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

If you are evicting someone for violating the terms of the rental agreement, you must give 15 days' written notice. The notice must let the tenant know that they have 15 days to correct the violation or leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

If you are evicting someone for engaging in criminal or dangerous activity on the property, no notice is required. You can proceed directly to the next step in the eviction process.

2. File papers with the court

If the notice period comes to a close and the tenant has not left, you must go to the small claims or municipal court in the county where the unit is located and file a petition and summons. The tenant will receive the petition and summons from the court with information about the time and date of the hearing.

3. Go to court

If the tenant wants to challenge the eviction, you and the tenant will appear in front of a judge. The burden of proof is on you to show that the tenant violated the terms of the lease and that you correctly served notice, so be sure to follow these instructions carefully while documenting everything.

4. Wait for the judge's ruling

If the judge rules in your favor, the tenant may be responsible for paying you unpaid rent, attorney’s fees and process fees. A court order will be issued instructing a law enforcement officer to remove the tenant from the premises. If the tenant leaves any personal belongings in the unit after the eviction, you must send written notice to the tenant letting them know that they have 30 days to claim their items. If they do not come to get their things within 30 days, you may get rid of or sell the stuff.

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