Whether the tenant has violated the lease term, continued to occupy the property after the lease term has expired, fallen behind on rent when due, or would like to terminate a month-to-month or an at-will tenancy, we are here to assist you through the entire process. So that you can get the tenant out of the house, and get the property rent-ready and get back into generating cash flow.

How do I evict a person in Oklahoma?

Under Oklahoma Landlord and Tenant Act, you must follow specific steps, and you must do them correctly in order to successfully evict someone.  Oklahoma law allows a Landlord to start an eviction proceeding against a tenant for several reasons including the tenant’s continued occupancy after lease expiration without Landlord’s consent, past due rent, breach of rental terms, etc.  There are three broad steps in the Oklahoma eviction process:

  1. Serve a 30-day or a 5-day notice on the tenant
  2. File a Forcible Entry and Detainer (FED) action with the county court clerk, serve the petition and summons
  3. Attend the eviction hearing and after the judge signs the FED journal entry, file a writ of execution for the county sheriff to physically evict the tenant

How to evict someone without a lease in Oklahoma?

If the tenant pays the rent monthly and you deposit the check in your bank every month, you have what is called a month-to-month tenancy.  A month-to-month tenancy is just another way of saying a rental agreement that renews every month.  In such a situation, where there is no lease for a definite period or a written rental agreement, the Landlord may terminate a month-to-month tenancy by serving a written 30-day notice on the tenant.  After which, the Landlord may file an eviction action (also called the FED) with the county court clerk, serve the petition and summons on the tenant, and attain an eviction hearing. What are the types of eviction notices in Oklahoma has more information on the notice requirements.

How hard is it to evict someone in Oklahoma?

Eviction is a pretty straightforward process, however, it consists of several steps which must all be completed precisely as directed by the Oklahoma Landlord Tenant Act.  If you have a valid reason under which an eviction proceeding can be initiated, you can complete the entire process by following the 3 steps listed above.  If you would like a deeper explanation of the entire process, please feel free to read my article on the topic, Oklahoma Residential Eviction Laws: A Guide for Landlords and Property Managers.

How much does it cost to evict a tenant in Oklahoma?

The eviction process in Oklahoma is relatively inexpensive – the filing fee at the county court clerk’s office for an eviction action (Forcible Entry and Detainer) in Oklahoma is $58, and the writ of execution filing fee may range from $130 to $200, process server fee approximately $100 per job (two jobs, service of notice and petition), not including attorney fees.  You are not required to hire an eviction attorney to complete the process, If you would like to ensure that your paperwork has been filed correctly and move along the process confidently, you may want to consult with an eviction lawyer.

What do I do if my tenant won’t move out?

If the lease has an expiration date and the tenant continues living in the property past the date, you may immediately bring an eviction against such person.  At that point, the person is considered to be a holdover tenant, and according to Oklahoma Landlord and Tenant laws you are not required to serve a notice and wait for 30 days under such circumstances.  Be careful not to accept or deposit rent payments from a holdover tenant.  If you do, then a month-to-month tenancy may be created – which will require you to serve a notice to quit and wait 30 days before you can file an eviction action.

How long does it take to evict in Oklahoma?

Every county does things a little differently, so it’s difficult to precisely predict how long it takes to successfully complete the eviction process.  But in most cases, it takes anywhere from 10 to 15 business days from the time the petition is filed with the court to the actual eviction day.  This does not include the 5 or 30 days you must wait after the service of notice, and before you file the petition.

How to make sure the eviction process is done correctly?

You can follow the eviction steps mentioned above and complete the entire process without any legal help and avoid the eviction lawyer cost, or you can hire us to take care of the whole thing.  We act quickly in these matters and make sure the notice has been properly served, the petition filed, the petition/summons served, the hearing attended and the writ of execution filed.  We are experienced in Oklahoma Landlord Tenant Act and are eviction lawyers for Landlords that are currently serving Oklahoma, Cleveland, and Grady County.  You can reach us by telephone, by emailing us at vivid@niroulalaw.com, or by filling out the Contact Us Form on this website.