Oklahoma Eviction Process [2025]

Eviction In Oklahoma

Forcible Entry and Detainer action, the legal term for eviction in Oklahoma, is the process of removing a tenant from a rental property. Tenants may be evicted for a variety of reasons, so adhering to the regulations in place for each reason is extremely important.

Eviction is governed by federal, state, and local statutes, all of which vary depending on where your rental property business is located. Procedures, notice periods, and fees can all differ greatly, which is why staying informed is so vital. Rental and eviction laws are often subject to change every few years, so it’s best to stay in the legislative loop in case of newly enforced regulations.

If you own and rent properties in the state of Oklahoma, you are responsible for complying with Oklahoma eviction laws. In this article, we break down each step of the legal eviction process in Oklahoma, types of eviction notices, squatter’s rights, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Oklahoma’s eviction laws can be found at OS 12 § 1148.

Reasons for Eviction in Oklahoma

Per Oklahoma state law, tenants can be evicted for failing to pay rent, violating the lease, causing or threatening to cause harm to other people or to property, engaging in criminal activity, and more.

Nonpayment of Rent

Oklahoma landlords may evict tenants for unpaid rent (referred to in Oklahoma law as “delinquent rent”). There is no required grace period in Oklahoma, so rent is considered late the day after it is due per the lease. If a grace period is outlined in the lease, however, landlords must wait until its end to begin both the eviction process and issuing fees.

Delinquent rent can be met with a 5- or 10-day notice to pay or quit, depending on the length of the tenancy. For tenancies less than three months, landlords may issue only a 5-day notice to pay or quit. However, tenancies three months or longer in Oklahoma must instead be served a 10-day notice (OS § 41-6).

Lease Violation

Landlords who discover violations of the lease term agreement have the legal right to eviction. Breaches can include both acts and omissions by tenants and their permitted guests, such as:

• Holding over after the lease has terminated (including at-will tenants for unwritten contracts)
• Unauthorized tenants or animals living on the property
• Noncompliance with the tenant duties outlined in OS § 41-127, such as:
  • Keeping the property in a safe, clean, and sanitary manner
  • Properly disposing of waste
  • Not deliberately destroying or damaging any part of the property

For lease violations, landlords may issue a 15-day notice to cure or quit. This notice states that the tenant must either remedy the violation in 10 days or they will be expected to vacate the premises within 15 days of receiving the initial notice. Serious violations that are not cured in a prompt manner may allow for an immediate eviction.

Illegal Activity

If a tenant, guest, or “other person under the tenant’s control” (OS § 41-132(D)) commits an illegal act on or near the premises, the landlord may file for immediate eviction.

Under Oklahoma Statute § 41-127(8), tenants are explicitly expected to not engage in any criminal activity that threatens the health and safety of others. Examples of a criminal tenant act may include:

• Violence or threats of violence against others
• Disturbing the peaceful enjoyment of other tenants
• Any drug-related criminal acts on or around the property

Landlords who discover illegal activity may deliver an unconditional immediate notice to vacate. This does not allow the tenant an opportunity to cure the violation and requires that they leave as soon as possible. This notice is not required by state law but is typically issued in an attempt to avoid eviction court costs.

Since a notice period is not required for illegal activity, landlords may immediately file an eviction lawsuit using a Forcible Entry and Detainer Action. They will also need to file this if the tenant refuses to leave after receiving the eviction notice.

Additional Reading: Oklahoma Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Oklahoma

1. Landlord serves a 0- to 15-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Tenant is served a court summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 48 hours to move out
7. Sheriff arrives to forcibly remove the tenant.

1. Landlord Serves a Zero- to 15-Day Eviction Notice in Oklahoma

If any of the above lease violations occur, the landlord must first serve an Oklahoma eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Oklahoma:

• Rent Demand Notice: 5 or 10 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (the notice period depends on the length of the tenancy, as described above) (OS § 41-131(B)).
• Lease Violation Notice: 15 days to quit; 10 days to cure. If a tenant violates another lease term, the landlord may deliver this notice stating the breach and that the lease will terminate in 15 days if the tenant does not “cure” or fix the problem within ten days (OS § 41-132(B)).
• Unconditional Notice to Quit: Immediate. If the tenant’s noncompliance causes or threatens to cause imminent and irremediable harm to the premises or any other person, the landlord should send a notice to cure the violation. If it is not remedied by the tenant as promptly as conditions require, the landlord may terminate the lease immediately by filing an eviction action. Immediate termination of the lease is also warranted when a tenant engages in any criminal activity (OS § 41-132(C-D)).

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

The next step in the Oklahoma eviction process is filing a complaint with the court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file a Petition for Forcible Entry and Detainer (sample here) in the Oklahoma District Court (OS 12 § 1148.1).

To complete the complaint, the landlord will typically need the names and information of both parties, the name of the court, a description of the rental property, the unit’s address, and the reason or basis for the eviction. The landlord will also need to pay a filing fee of $85.

3. Court Serves Tenant a Summons

Next, the court will issue a summons ($10 each) to be served with a copy of the complaint to the tenant. The summons will demand the tenant’s presence at a court hearing, which must occur between five and ten days after the summons is issued. The eviction court summons should include the nature of the claim, the relief sought by the landlord, and the amount that the landlord will take judgment if the tenant fails to attend the hearing (OS 12 § 1148.4).

Per Oklahoma eviction laws, the summons must be served by the sheriff (for a $50 fee) at least three days before the day of the trial (OS 12 § 1148.5). The sheriff needs to verify with the court that proper service was made at least by the hearing date. “Proper service” means that it was made in one of the following manners as per OS 12 § 1148.5, 1148.5A:

• Personal service to the tenant
• Leaving a copy with someone living at the property at least 15 years old
• If service cannot be made with reasonable diligence on someone at the property, either by:
  • Sending a copy of the summons and complaint by certified mail with return receipt postmarked at least three days before the trial date, or
  • Posting a copy conspicuously on the rental unit and mailing a copy to the tenant’s last known address at least five days before the trial date.

If one of the final two methods of service is used, the court’s judgment against the tenant should only be for possession (not any other monetary relief), unless the tenant appears at the hearing. The landlord can still file an additional action for monetary relief after the eviction (OS 12 § 1148.5A).

4. Tenant Files an Answer

Regular residential tenants with lease agreements in Oklahoma are not required to file a formal answer or affidavit with the court. Instead, they may present any defenses they may have at the hearing.

A written answer is required for defendants looking to assert title to the land (e.g., a squatter seeking adverse possession). In this case, the defendant must file a verified answer or affidavit with a “full and specific statement of the facts constituting his defense of title or boundary dispute.” After this is done, the action will proceed as an ejectment action. The answer needs to be filed within ten days after the date the affidavit is filed (OS 12 § 1148.6).

Additionally, either party may request a jury trial at this time. If neither the landlord nor tenant requests one, the court will try the cause (OS 12 § 1148.7).

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, the court will issue an order for the tenant’s removal. At the landlord’s request, the court will also issue a writ of execution, which authorizes the sheriff to forcibly remove the tenant from the premises (OS 12 § 1148.10).

The tenant may file a motion for a new trial after losing the case, but only within three days of the judgment. Doing so will not stop the eviction.

Additionally, if the tenant fails to show up to court, typically a default judgment will be awarded to the landlord. However, if the case was for nonpayment and the tenant makes a good faith claim that they never received proper notice of the eviction or hearing, the tenant may be able reverse the judgment and avoid the writ of execution by paying all due rent, court costs, and attorney fees within 72 hours (OS 12 § 1148.10B).

6.  Tenant Gets 48 Hours to Move Out

After the court issues the writ, they will direct it to the sheriff or officer, who will serve the writ to the tenant for a fee ($50 or actual necessary expenses, whichever is greater). The writ will state that if the tenant has 48 hours to move out of the property before law enforcement officers arrive (OS 12 § 1148.10).

Per Oklahoma Statute § 41-130, any tenant belongings left behind for 30 days are considered abandoned. The landlord must store the personal property in a place of safekeeping until then, and may charge the tenant for reasonable storage costs. After 30 days, landlords may dispose of the property however they see fit.

7.  Sheriff Returns to Forcibly Remove the Tenant

If the tenant has not moved out and remains in the unit after the 48-hour notice expires, the sheriff, the landlord, or the landlord’s agent will return to execute the writ, forcibly remove the tenant, and restore possession of the property to the landlord.

Note that there may be an additional fee for execution of the writ, which varies by county. For instance, the fee for execution of a writ in Lane County is $89.

If the tenant refuses to surrender possession, they may be deemed guilty of trespassing and could be fined up to $500, jailed for 30 days, or both (OS 12 § 1148.10).

Evicting a Squatter in Oklahoma

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Oklahoma, squatters must have lived in the property for at least 15 continuous years, had color of title for 15 years, and paid property taxes for at least five years to invoke Oklahoma squatters rights and claim right of possession (OS § 12-93, 94). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Oklahoma to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Oklahoma, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per Oklahoma eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Oklahoma Squatter’s Rights & Adverse Possession Laws [2025]

How Much Does Eviction Cost in Oklahoma?

This chart shows estimates of the approximate cost of the eviction process in Oklahoma, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does Eviction Take in Oklahoma?

The chart below shows an estimate of the duration of each part of the Oklahoma eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

To avoid the cost and stress of evictions, prevention is key. Here are some strategies to reduce eviction risks:

• Screen tenants thoroughly with background checks, including credit and eviction histories, to filter high-risk candidates.
• Conduct routine property inspections to ensure compliance with lease terms and proper unit maintenance.
• Use clear, plain language lease agreements so tenants fully understand their obligations and the lease terms.
• Enforce reasonable grace periods for rental payments, to accommodate unforeseen circumstances while securing your rental income.
• Maintain open communication with tenants to encourage early issue resolution, which can avoid eviction entirely.
• Consider alternative solutions like lease addendums or payment plans instead of immediately resorting to eviction.

Additional Reading: Oklahoma Background Checks & Screening Online

While evictions can sometimes be necessary, it's important to handle them correctly. To strengthen your legal case, it’s important you:

• Always follow legal procedures and adhere to court orders and deadlines meticulously. Failure to do so may result in delays, fines, and more.
• Keep comprehensive records of communications, payments, and violations for court proceedings.
• Never try a “self-help eviction”, which includes changing locks, cutting utilities, or removing tenant belongings. This is illegal and may nullify your case.
• Use property management software to automate and store records of payments, legal documents, tenant communication, and notices.
• Consult eviction attorneys for their valuable expertise and guidance, as they can simplify the process and/or represent you in court.
• Be cautious with accepting partial rent payments before and during eviction proceedings, as this can affect your legal standing.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Oklahoma laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

How long does it take to evict a tenant in Oklahoma?

The entire eviction process in Oklahoma typically takes between two and seven weeks, depending on court caseloads and tenant responses.

What happens if a tenant does not show up to the eviction hearing?

If a tenant is absent to their eviction trial, a default judgment is typically awarded to the landlord. However, if the case was for nonpayment and the tenant did not receive proper notice of the hearing, they may be able to reverse the judgment by paying all rent, court costs, and attorney fees within 72 hours (OS 12 § 1148.10B).

What is a forcible entry and detainer action in Oklahoma?

‘Forcible Entry and Detainer’ is the legal term for eviction in Oklahoma, referring to the legal process a landlord must follow to remove a tenant who has violated lease terms.

How do Oklahoma eviction laws handle abandoned belongings?

Landlords in Oklahoma must safely store abandoned tenant belongings for 30 days (they may charge tenants for storage costs). After this period, they may dispose of the property.

What rights do squatters have in Oklahoma?

Squatters may attempt to claim rights to a property through adverse possession, but they must meet very specific and strict criteria first. In Oklahoma, squatters must live on the property continuously for 15 years and maintain open, exclusive, and hostile possession for at least that long.

How does the sheriff's office get involved in Oklahoma evictions?

The sheriff serves the court summons and executes the writ of execution if the tenant does not vacate as ordered by the court.

Court Documents

• Petition for Forcible Entry and Detainer Sample

Additional Resources

• Tulsa County Sheriff’s Office – Information about eviction from the sheriff’s office in Tulsa, Oklahoma.
• Oklahoma Rules of Civil Procedure – This site includes the specific rules of court procedure in the Oklahoma District Court.
• Oklahoma Statutes Title 41 – This PDF compiles all landlord and tenant statues for the state of Oklahoma.
• Oklahoma Eviction Process Infographic – An easily digestible infographic on the eviction process and laws, created by Oklahoma libraries.