As a landlord, dealing with a tenant who is not paying rent or breaking the terms of the lease can be a frustrating and time-consuming experience. In Oklahoma County, the process for evicting a tenant is governed by state law, and it's important for landlords to understand the steps and costs involved.
The first step in the eviction process is to give the tenant notice. (see form below for example) In Oklahoma, landlords must provide tenants with written notice before beginning the eviction process. The notice must give the tenant at least three days to pay the rent or vacate the property. If the tenant does not pay the rent or vacate the property within the three-day period, the landlord can file an eviction lawsuit in court.
Once the landlord files the eviction lawsuit, the court will set a hearing date. The tenant will be served with a summons and a copy of the eviction complaint. The hearing typically takes place within 10 to 14 days after the tenant is served with the summons. At the hearing, the landlord and tenant will have the opportunity to present evidence and testimony. If the landlord proves that the tenant has not paid the rent or violated the lease, the judge will issue an order for the tenant to vacate the property.
If the tenant does not vacate the property, the landlord must then request a writ of possession from the court. A writ of possession is an order that allows the sheriff to physically remove the tenant from the property. The writ of possession is typically issued within a few days of the hearing. Once the writ of possession is issued, the sheriff will give the tenant 24 hours notice before physically removing the tenant from the property.
The cost for the eviction process in Oklahoma County varies, but typically includes court filing fees, process server fees, and sheriff's fees. The filing fee for an eviction case in Oklahoma County is $195, but this fee can vary depending on the specific court. Additionally, the cost for a process server to serve the tenant with the summons and complaint is typically around $50. The sheriff's fee for executing a writ of possession is typically around $100.
It's important to note that the eviction process in Oklahoma County can take several weeks, so landlords should plan accordingly. Additionally, landlords should keep in mind that evicting a tenant can be a stressful and time-consuming process, so it's important to consult with a qualified attorney if you have any questions or need assistance.
Here's a timeline of the eviction process in Oklahoma County:
Landlord gives tenant written notice (3 days)
Landlord files eviction lawsuit in court
Court sets hearing date (typically within 10-14 days after tenant is served)
Tenant is served with summons and eviction complaint
Hearing takes place and landlord and tenant present evidence and testimony
Judge issues an order for the tenant to vacate the property
If tenant does not vacate, landlord requests writ of possession from the court
Writ of possession is issued and sheriff gives tenant 24 hours notice before physically removing tenant from the property
In conclusion, evicting a tenant in Oklahoma County is a legal process governed by state law. Landlords must provide tenants with written notice, file an eviction lawsuit in court, and request a writ of possession from the court to remove the tenant from the property. The process can take several weeks and cost several hundred dollars in court fees, process server fees, and sheriff's fees. It's important for landlords to be familiar with the process and work with a qualified attorney if needed.
Comentários