5 Key Elements to Evicting a Tenant in Oklahoma

The most common cause for eviction in Oklahoma is non-payment of rent. However, it is crucial that landlords follow the proper legal framework when it comes to evicting a tenant.

  • Thursday, November 17, 2016

  General   Legal   Oklahoma   Eviction Guide   

The most common cause for eviction in Oklahoma is non-payment of rent. However, it is crucial that landlords follow the proper legal framework when it comes to evicting a tenant. At VerticalRent, we provide landlords like you with education resources to help follow guidelines in your state. Since non-payment of rent is the most prevalent cause for eviction in Oklahoma, the first thing you will want to do as a landlord is serve a ‘demand for rent’ notice to your tenant.

Demand for Rent

The demand for rent notice has several key elements that must be present in writing for the demand to be legally enforced:

  1. date the demand was given to tenant(s)
  2. name(s) and address of tenant(s)
  3. total amount of rent past due and owed to the landlord
  4. a statement demanding the rent within five days and a notice that if the rent is not paid within five days, the landlord will proceed with an eviction lawsuit
  5. a certificate of service stating how the demand was delivered to the tenant

There are no specific rules or regulations regarding how the demand is delivered to the tenant(s). A good practice for landlords is to hand deliver the demand to the tenant(s) personally, or, if the tenant is not available for this, to post the demand somewhere noticeable (i.e. taped to the front door), and to mail a copy to the tenant(s) via certified mail. This will ensure that the tenant(s) receive the demand and provide proof that the demand was delivered properly, which will help avoid complications if an eviction lawsuit is necessary.

Eviction Lawsuit

If a tenant fails to pay rent within the five-day period noted on the demand for rent, the landlord may proceed with filing an eviction lawsuit. The landlord begins the process by filing a summons and petition with the district court of the county in which the rental property is located. The summons and petition will state the reasons for the eviction.

After the landlord files the summons and petition, the court will set a date and time for a hearing before a judge and the court will notify the tenant(s) of the lawsuit. The judge will hear both sides of the eviction case, from the landlord and the tenant(s). Afterwards, the judge will decide the outcome of the lawsuit; if the landlord wins the case, the judge will issue a writ of execution that allows a sheriff to evict the tenant(s).

Removal of the Tenant(s)

Regardless of the judge's ruling in an eviction lawsuit, it is illegal for a landlord to forcibly remove a tenant from a rental property. If the landlord wins an eviction lawsuit, it is the sheriff's responsibility to perform the actual eviction, not the landlord's. Oklahoma law allows tenants to sue landlords for trying to forcibly remove them from rental properties.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


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