Late rent, when to evict? Oklahoma

7 Replies

Hello,

I am a fairly new landlord, with my second round of tenants.  My first tenants were amazing and I wish they could have stayed forever.  My new couple, however-have been full of excuses.  After much thought I gave a very young couple a chance, only because I thought it would be great to only have my house vacant for 3 days vs waiting longer and finding better renters.  Now it is 8 days into their first full month, and I have not received rent yet.  I have a high rent of $1350/month-$100 late fee on the 2nd and $50 each day thereafter. I made stricter penalties in the contract to hopefully avoid the situation I am in right now.  I sent them a default payment warning on 9/5, 5 days ago-and still have no response from them.  Should I go ahead and start the eviction process?  Does anyone know how long it usually takes to evict someone?  Any advice would be very helpful!

Thanks!

I would start today. I would call/text/email them one last time this morning. You said they were full of excuses, I assume this is not the first time. When they will not talk to you it'is all downhill from there, in my experience.

Oklahoma has great landlord tenant laws. You should be able to get a hearing in 10 days or so (I believe the Court clerk has to set the hearing within that time frame but that may just be my own district court.) The legal proceeding is called a Forcible Entry and Detainer action. You will need to serve them pretty fast. Once you get the judgment, the Sheriff will be out in two to three days. My longest uncontested eviction took about 4 weeks because I could not get them served the first time and had to reset the date. 

If you have never evicted someone before, you should hire an attorney and follow the process along. If it is something you are comfortable with, then you might do your own later after watching the process in full.

Disclaimer: While I am a licensed Oklahoma Attorney, this is not legal advice. You should seek an attorney's opinion that is specific to you situation. I do not have all of the facts to completely advise you nor have we created an Attorney/Client relationship.

Hope everything goes well.

405-426-9677

Start ASAP, you can always stop the process.

Sometimes if the tenant keeps an open line of communication then I will work with them but if they are ignoring you then you should evict them as soon as possible.

a few things

I have a lawyer in town that does it for $200 all costs included if you want the number msg me.

the $50 per day fee will not hold up in court unless you have an end date for it.  no fees without cut off in oklahoma.

do the eviction now you can always dismiss if they pay rent and court costs or you can even have it rescinded after the fact if you like.  

Thank you everyone for your responses!  This helps!  Then tenant finally replied today, and is trying to make me feel bad for threatening eviction since she is pregnant... These people are something else!  Lesson learned, will stick with my gut instinct next time!

Would the same person try to get free gas because they're pregnant?  Or free groceries?  No.  If you walked out of a grocery store without paying the manager would call the cops and label them a thief.  Its no different with a non-paying tenant.

Here the timeline is rent is due on the first, late after the fourth.  If I don't have rent and haven't worked out a plan with a tenant by that date I post a pay or quit notice on the morning of the fifth.  You can start the eviction three days late, or the next business day after that.  If I had no response and they were still there I'd start the eviction on the eighth (or next business day.)

Originally posted by @Sarah Brown:

Thank you everyone for your responses!  This helps!  Then tenant finally replied today, and is trying to make me feel bad for threatening eviction since she is pregnant... These people are something else!  Lesson learned, will stick with my gut instinct next time!

 If the were full of excuse, this is probably just another one.

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