Understanding Evictions

Have you received an eviction summons? Be sure to go to court at the time and date on your summons. We recommend you contact Legal Aid Services of Oklahoma at 1-888-534-5243 with questions about an eviction or your lease.

Please note that the entirety of this video may or may not be applicable in the county you reside in. Information about the Oklahoma Residential Landlord and Tenant Act, including “Notice to Quit” and “Petition & Summons,” is statewide law. However, information regarding courtroom etiquette, “what to expect,” mediation, and outcome specifics may or may not be applicable outside of Oklahoma County.

Spanish
Vietnamese

An eviction is a legal process that may lead to the court-ordered removal of a tenant from their home or residence.

Here are some common words you may hear in the eviction process:

Notice to Quit

The document that notifies the tenant that the landlord will file an eviction if they do not pay the amount owed within a set timeframe (typically 5, 10, or 30 days). A Notice to Quit is NOT an eviction. Tenants do not need to immediately move out when they receive a Notice to Quit, as they are entitled to a legal proceeding. Only a court order can force a tenant to move.

LASO

Legal Aid Services of Oklahoma (LASO) provides free legal services to eligible low-income individuals and senior citizens facing eviction. A tenant may contact Legal Aid before going to court. Tenants in Oklahoma, Cleveland, Canadian, and Tulsa Counties may apply for representation with LASO when attending court during eviction dockets. However, they are encouraged to contact LASO before a court hearing at 1-888-534-5243.

Arrearage / Arrears

The amount of rent the tenant owes the landlord; the total past-due amount.

Docket

The list of a particular day’s eviction cases.

Forcible Entry and Detainer (FED)

This is how evictions are filed in Oklahoma. An eviction goes on a tenant’s record as Forcible Entry and Detainer.

CASE NUMBER

The unique number that identifies each case. It includes the type of case, the year it was filed, and the specific case number. Eviction cases are filed in Small Claims court, so all eviction cases will begin with “SC,” and are followed by the year in which the case was filed. The eviction case number can be found on the eviction summons.

Possession

Following a court order, the act of the landlord receiving the keys and full rights back for the property. The tenant will be required to move.

Court Minute

The document explaining the result of each specific case.

Default

The tenant did not show up to court, so the landlord is granted judgment in their favor, and the tenant will be required to move out.

Petition

The lawsuit; the actual filing of the eviction.

Agreed / Agreement

The tenant and landlord agree to the eviction case’s outcomes.

Summons

The document given to the tenant to notify them of the eviction. It will include the reason for the eviction and the date and time they must be in court.

Ordered

The outcome of a case in which the tenant and landlord have a hearing with the judge, and the judge rules in favor of the landlord.

Plaintiff / Defendant

These are the participants in a lawsuit or court case. In an eviction case, the Plaintiff is the party attempting to collect the debt, usually the landlord. The Defendant is the party being sued, usually the tenanat(s).

Judgment

This is a result of an eviction case in which the Plaintiff, typically the landlord, is granted rent, possession of the property, or both, by the judge’s order.

MEDIATION

The process of an unbiased third party intervening in a dispute to assist both parties in jointly negotiating an acceptable resolution.

Writ of Assistance

The document that notifies a tenant that a judgment has been entered in their case. It typically gives the tenant 48 hours to vacate (leave) the property. This notice is first given to the landlord after a judgment is entered in court. The landlord will then provide the writ to the sheriff to serve to the tenant, typically by placing it on the tenant’s door.

What can cause a landlord to file an eviction:

  • Failure to pay rent

  • Property damage

  • Lease violations

  • Illegal activity

  • Failure to maintain utilities (water, gas, electricity)

THE EVICTION PROCESS

An eviction is a legal process. The following steps must be taken for a landlord to legally evict a tenant:

Notice to Quit: A Notice to Quit of at least five days must be given for non-payment of rent. The Notice to Quit should include the total amount owed by the tenant and the date on which it must be paid. The landlord can file an eviction case if the total amount is not paid by that date. If there is an emergency issue, a landlord can file an eviction without first providing a Notice to Quit.

Eviction Petition: Once the landlord files the eviction petition, it may be served to the tenant in person by a process server, or the notice may be posted to the tenant’s door with a copy mailed through certified mail

Eviction Hearing: Any tenant facing eviction should go to court on the date/time listed on their petition. Tenants should bring the eviction summons to court, as the case number is required to check in upon arrival. There will be one of three results:

  • The case is continued to another date (agreed move-outs, payment plans, mediation agreements, etc.)
  • The case is dismissed (balance paid, disagreement settled)
  • Judgment is granted (landlord is granted possession of the property, unpaid rent, or both)

What to expect at court:

Courtroom Etiquette:

  • Remove hats or any head coverings unless for religious purposes.
  • Turn off phones. Silencing is not enough (Amber Alerts and National Weather Service alerts will still sound). The judge can confiscate your phone and issue a fine for causing a disruption.
  • Listen carefully and follow the judge’s instructions.
  • Be friendly and cooperative with all court staff, including clerks, bailiffs, and other court administrators.
  • Only speak to the judge if directly addressed. Address the judge as “Your Honor.” Speak politely and at an appropriate volume (don’t shout). Do not interrupt the judge, attorneys, or others speaking, even if you strongly disagree.
  • Remain calm and in control of your emotions. Wait patiently for your turn to speak. Do not sigh, roll your eyes, or speak in a sarcastic, aggressive, or threatening way.

The Court Process:

  • Docket Call: This is similar to a teacher calling roll in class. The judge will call out each person’s name who has a case that day. A tenant should say, “Here,” when they hear their name. If a tenant is not present during the docket call, the judge will likely issue a default judgment, and the landlord will be granted possession of the rental unit.
  • Judge’s Speech: The judge will give an overview of what to expect. Listen carefully, as this information can be helpful.
  • Break for negotiations/agreements/mediation: The judge will instruct all tenants to exit the courtroom, wait in the hall, and attempt to negotiate and reach an agreement. If they cannot agree, either party (tenant or landlord) can request a hearing with the judge. An attorney may represent a landlord. If so, the attorney will lead the negotiations on behalf of the landlord. The judge may also send the plaintiff and defendant to speak with a mediator to help resolve the case. If a mediation agreement is reached, both parties should make sure they strictly adhere to the agreement.
  • When negotiating, tenants should be mindful that the landlord’s attorney is not their attorney and does not represent the tenant’s interests.
  • If a hearing is requested, both parties will have the opportunity to present their case before the judge. The judge will make the final decision.

COURT OUTCOMES – WHAT TO DO IF:

  • The case is dismissed with prejudice: The judge’s ruling is final, and the case can’t be brought back to court.
  • The case is dismissed without prejudice: The judge has made a decision, but the landlord retains the ability to refile.
  • The case is continued: Both parties should ensure that they follow all terms of the continuance, and both should plan to return to court on the date specified for the continuance.
  • An agreement is reached: The landlord and tenant should follow the terms of their agreement. The judge will sign a court minute that explains the decision. The document will be filed with the court clerk’s office. Both parties (landlord and tenant) should request a copy.
  • Judgment is granted: The case is closed. The judgment (or decision) can be for possession of the property only or for possession of the property plus the rent amount owed. After receiving a judgment, the landlord can obtain a Writ of Assistance to have a sheriff post a lockout notice.
      • The timeframe for how quickly the sheriff will post the lockout notice can vary by a few days, but once posted, the tenant has 48 hours to remove themselves and all property from the residence.
      • If any property is left behind after 48 hours, the tenant may have to pay the full amount of rent that is past due to have belongings released to them.

Information provided on this website is for educational purposes only, and should not be interpreted as legal advice.