What Is the Eviction Process in Oklahoma
There is a 7 step eviction process in Oklahoma that landlords must follow for the procedure to legally occur. A failure to follow these steps may result in the eviction process starting over.
1. Serve The Tenant With a Written Notice.
The violation that has resulted in the eviction process must be specifically mentioned. The tenant must be told how they can rectify the violation. For non-payment of rent, the notice has a 5 day grace period. A 10 day grace period applies to other lease violations. Public housing arrangements require a 14 day notice.
2. A Lawsuit Must Be Filed.
Landlords cannot file a lawsuit to reclaim their rental property until the grace period has elapsed. When filing, a court date will be scheduled to hear the case. Landlords can ask for back rent, the cost of any repairs, legal costs, and any other expenses related to the non-payment of rent.
3. The Tenants Must Receive a Summons.
If the summons is received fewer than 3 days from the hearing, then a request to reschedule the hearing can be made. A summons may be served by certified mail, a process server, or a sheriff's deputy. In Oklahoma, anyone above the age of 15 can receive the summons.
4. Attend The Hearing.
If either party fails to attend the eviction hearing that has been scheduled, a default judgment will typically be issued. This means the tenant will be ordered to move immediately. If it applies to the landlord, then the eviction process may need to start over. Many judges in Oklahoma request both parties to come to an agreement and settle the dispute before a judgment is issued.
5. A Judgment Is Issued.
Oklahoma is one of the few states that allows a landlord to garnish wages or money from a bank account to pay for all awarded costs. A judge does have the discretion to order a tenant to move without issuing a financial judgment. Monetary damages in OK cannot be awarded in a default judgment.
6. The Eviction Occurs.
Landlords are authorized to serve the 48 hour final eviction notice in Oklahoma. They may also choose to have a law enforcement official do it as well. Anything remaining in the home after the 48 hour period can be locked up, thrown away, or put into storage and tenant expense. The eviction process in Oklahoma is remarkably straightforward. Many cases are resolved within a month's time.
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