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  1. #1
    jennifer73116 Guest

    Oklahoma Law Re: Eviction

    I live in Oklahoma, and I was recently evicted. First, I was never served with any notice to appear in court. I would think that at least a certified letter would be sent, but they claimed a note stuck in my doorknocker sufficed as notice!?!?!?!
    2nd, after the eviction, my landlord refused to let my remove property listed as exepmt in the OK L/T law, like clothes and food and my children's mattresses. She even tried to have me arrested for coming back and asking for my property!
    Can anyone explain the OK law about eviction, notification, and personal property in LAYMAN'S terms, for all us blondes?
  2. #2
    jennifer73116 Guest

    wow, what a pleasant reply

    As I said, AFTER THE EVICTION (read: after the sheriff's office enforced the eviction and changed the locks).....then the landlord refused to allow me to remove any property that the state statute lists as exempt. But I appreciate your help.
    Last edited by m martin; 03-11-2011 at 02:42 PM.
  3. #3
    mobopp Guest
    But I appreciate your help......dumbass.

    First, I was never served with any notice to appear in court.

    Can you PROVE that? did you go to the court house and request your file and see if there is a affidaivit of service? Someone other then the landlord must swear they served you the papers.

    Second..Did the court send you a notice to appear in court?

    Third... why were you evicted? not paying your rent?

    So you KNEW you were going to be evicted and YOU had plenty of time to get your stuff out, but being blonde you just were not smart enough to figure this out.
  4. #4
    jennifer73116 Guest

    why are you still posting?

    how about someone who actually can offer some assistance?

    No, I was not aware I was being evicted until I got the notice from the sheriff that he would be back in 2 days to change the locks. I called the court clerk, and since I didn't show, the eviction was automatic. I can file an appeal since I never got notification (the landlord claims notice was posted on my front door by slipping a piece of paper thru my door knocker. No one ever personally served me, and no certified letter was sent.)
    So, my "dumb blonde ass" had to move a 2 bedroom apartment into storage in 2 days while still having to work a 10 hour shift each day. Man, sucks to be stupid, huh?
    If I were smart like you, I guess I probably could have figured out how to manipulate my finances to afford a big moving truck to avoid mutiple trips, and then manage to move everything overnight despite needing sleep for work, and expose my children to the freezing night air so I could move everything. Yeah, I see what you mean. Man, what a moron I am for taking all the important things first, and leaving MY clothes and the mattresses that wouldn't fit in the back of my car!
  5. #5
    jennifer73116 Guest

    and no, i wasn't evicted for not paying rent.

    I was evicted for violating the noise ordinance that was supposedly in my lease, although what the court papers said and what's in my lease are completely different.
  6. #6
    JETX is offline Senior Member
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    Jennifer, you have fallen for the responses of the forum troll. NoPop has no legal experience or knowledge. He is simply an unemployed welfare bum from NY.

    So, lets get some REAL answers to your questions......

    "Can anyone explain the OK law about eviction, notification, and personal property in LAYMAN'S terms, for all us blondes?"
    The eviction process is normally supposed to be a fairly simple step-by-step process and is governed by state laws.

    Here is a brief summary of the process in Oklahoma:
    The first step in the eviction process is delivery of a formal, written notice, "Notice to Quit." This may be made in duplicate or triplicate for the property manager's records. The Notice to Quit is a demand for payment of delinquent dollars including any and all delinquent dollars from prior months.

    The Notice to Quit is to be served on the 3rd day after rent is delinquent and may be either a five day or a ten day notice. Some property managers add "et. al." (meaning "and others") after the tenant name(s) to include all persons residing at that address.

    Should the property manager deliver the notice personally to a family member over the age of 12, it becomes a five day notice.

    If the notice can not be delivered personally, due to the tenant not being home, not answering the door, etc., it can be posted to the door of the residence. If the notice is posted, the copy must be sealed in an envelope with the tenant's name and address or apartment number on it. The property manager must then mail the original copy to the tenant by certified mail or obtain a certificate of mailing.

    After the requisite five or ten days have passed and the tenant has not tendered the full amount as stated on the notice, upon the sixth or eleventh day, a summons and petition may be filed at the court house.

    When the summons and petition is filed, a court date and judge is established. The property manager will be required to have the summons and petition served upon the tenant by a process server, certified mail or Deputy Sheriff. There is a filing fee to be paid at the time the summons and petition are filed and an additional charge for service fee.

    When appearing before the judge, the property manager will be asking for the dollar amount expended for the filing fee and service fee (court costs). Judgment will include dollars of rent through the date of the court hearing, court costs and any proven damages claimed in the petition if the decision is rendered in favor of the property manager.

    If the tenant is still in possession of the residence on the date of the court hearing, the property manager must request an Execution and Writ of Assistance. After the hearing, when the judge has signed and granted possession and damages, the Journal Entry (the judge's declaration of dollar amounts granted to the plaintiff) must be filed in order for the judgment to be recorded on record. Execution and Writ of Assistance are taken back to be filed with the court clerk. There is usually an additional fee for the filing of this form. The Journal Entry and Writ will be stamped by the court clerk.

    The Execution and Writ of Assistance will then be taken to the Sheriff's office or may be personally delivered by the property manager. The Writ gives the tenant three days from the date the Sheriff has posted the Writ on the tenant's door to get out of the property.

    If the tenants are not out of the property in three days, the sheriff and the property manager or the property manager's maintenance person, will meet at the property. The Sheriff will observe while the door lock is changed. Property managers should never lock a tenant out prior to the Sheriff's arrival.
  7. #7
    okteam is offline Junior Member
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    Thank you JETX

    I am a property manager in Oklahoma and have yet to evict a tenant. But unfortunately, the time has finally come to do so. I have a tenant that refuses any communication with me on a monthly basis and usually strolls in at the end of the month to pay. But now I am just pain tried of it and since it is now the 11th and he is late 11 days, I plan on sending him an eviction notice on the 15th. What is the most frustrating part is that he never bothers to call, email or at least text me to let me know he is going to be late. So for all I know he's just not going to. But enough is enough. Thank you for all your helpful information! I appreciate it!
  8. #8
    CSO286 is offline Senior Member
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    Quote Originally Posted by okteam View Post
    I am a property manager in Oklahoma and have yet to evict a tenant. But unfortunately, the time has finally come to do so. I have a tenant that refuses any communication with me on a monthly basis and usually strolls in at the end of the month to pay. But now I am just pain tried of it and since it is now the 11th and he is late 11 days, I plan on sending him an eviction notice on the 15th. What is the most frustrating part is that he never bothers to call, email or at least text me to let me know he is going to be late. So for all I know he's just not going to. But enough is enough. Thank you for all your helpful information! I appreciate it!
    This post is eight yesars old, and JETX has passed away.

    Please start your own thread and avoid necroposting.

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