A landlord has the right to evict a tenant failing to fulfill the terms and conditions of a tenancy agreement in accordance with the Oklahoma Residential Landlord and Tenant Act. Failure to pay rent, for instance, can warrant an eviction. But the property owner has to go through an established procedure before effecting an eviction, including notifying the renter about the impending action before suing to seek judgment.
Give your tenant a five-day notice if rent is not paid, 15 days in a breach of contract, or 30 days to terminate a month-to-month tenancy. You don't have to notarize the notice, or write it in a special form. A simple notice is sufficient. Explain in the notice the reason for termination and offer recourse if it is regarding non-rental payment. For a breach of rental agreement in which there is no cure to the problem, wait for the prescribed time to expire before filing an eviction complaint with the civil court.
Hand the notice directly to the tenant. Give the written document to any family member older than 15 years living at the property if the tenant can't be found. Post the notice on the door if no one is at home, before sending a copy by certified mail. Wait for five days before you can institute eviction proceedings through the courts. Allow a grace period of 14 days in public housing. Note that a tenant can't be evicted where rent has been paid during the grace period, or after if you agree not to seek an eviction.
File a lawsuit in a small claims court if there is no cure to the problem to force the tenant out of the property. Indicate the reason why you want the tenant to move out in the eviction complaint. Furnish copies of the written notice you served on the tenant with the court clerk and then wait for the court hearing. The tenant will be served with the summons once you have successfully filed with the court. The summons basically contains the time and date of the court hearing.
Attend an eviction hearing in person or through an attorney. See if you can resolve the issue with the tenant before the hearing, if the judge asks you to do so. If not, a hearing before the judge will proceed. Ask for judgment for the payment of rent owed, the cost of the rental repairs to the property, court costs, attorney fees and other expenses arising from failure by the tenant to pay rent. You can garnish the tenant's wages or bank account to pay what is owed once you get the judgment.
Give the tenant a two-day notice to vacate the property after the judgment. You can do it directly or use the sheriff to serve the notice. Take back the property when the 48 hours expires. You have the right to confiscate what is left inside and auction it if the tenant has not moved out.