Housing Eviction Legal Assistance Program (HELP)

What is the difference between a Tenant and Occupant

A tenant is any person entitled to occupy a space pursuant to a rental agreement.

An occupant is any person abiding in the dwelling, but who is not a tenant, and is not legally obligated by the rental agreement to pay or follow it.

What is the difference between a Landlord, Property Manager, and Owner?

A landlord is the owner of the dwelling or building.

The property manager is anyone authorized by the landlord to lease, rent, or solicit tenants/prospective tenants.

An owner is one or more persons who have legal title to the property.

What is a lease or rental agreement?

A contract between an owner of property that lays out the terms and agreements allowing the tenant to occupy the dwelling.

What is a lease violation?

A lease violation refers to a situation where either the landlord or tenant fails to fulfill a requirement outlined in the lease agreement. Some examples of this would be not paying rent on time, causing excessive damage to the property or violating other terms specified in the lease. Most common lease violations are not paying rent – a lease violation can also include criminal activity, property upkeep, and simply “not following the rules” set forth in your lease agreement.

What if I don’t understand the terms of my lease?

The best advice is NOT to sign anything you don’t understand, you can always ask the landlord about specific wording in your lease, you can also – and should – seek advice from an attorney before signing a contract of any kind. You can contact our office for help! [(405) 208- 5207]

What is ORLTA?

The Oklahoma Residential Landlord Tenant Act is Title 41 of the Oklahoma Statutes.

What is the “Premises”?

The Premises in a lease agreement or FED action is the Property that is being leased. For a house, it is the address of the home and the property it sits on; for an apartment, it is the apartment or unit number, and not the common areas.

What is a Security Deposit?

A security deposit is a payable sum to cover any damages after a tenant leaves, returnable to the tenant upon surrendering of the unit.

What are essential services?

Under ORLTA, essential services include utilities and facilities necessary for tenants to safely use their rental units. Heat, water, electricity, or gas – contrary to what you might think, air conditioning is not considered an essential service.

If a landlord fails to provide these essential services, a tenant may have legal remedies.

What is a late fee?

This is an additional charge that you may face if you do not pay to the landlord on the agreed upon date pursuant to the lease agreement.

What does it mean to withhold rent?

“Withholding” rent means not paying rent because the landlord has not fixed an issue or made repairs. According to Oklahoma law, this is not allowed. If your landlord is not making proper repairs – there are steps that you must be followed to attempt to resolve the issue BEFORE you can deduct the expenses from your rent.

Can you withhold rent?

In Oklahoma, you cannot withhold rent because your landlord is not following the rules in the lease.

Does losing my job or having a medical emergency excuse me from paying rent?

No.

Does my landlord have to give me notice to enter my home?

Yes. Your landlord is required to give you one (1) day or 24 hours’ notice of intent to enter AND it must be at a reasonable time UNLESS it is an emergency or impracticable to give you notice otherwise.

Do I have to move if the Landlord sells the property?

You do not have to move out, but the landlord must provide you with notice, as well as the name and address of the new owner who will oversee the premises. Your lease does not automatically end because the Premises is sold or transferred.

If I report my landlord to the city, can they evict me just for that?

Unfortunately, there are currently no laws that protect tenants from retaliatory eviction. Retaliatory eviction happens when the landlord attempts to remove a tenant from the premises in order to “get back” at the tenants for reporting the landlord breaching their duties, or because the tenant is exercising their rights.

Will an eviction cause me problems in the future?

Yes, most rental companies prefer that you do not have any evictions on your record. If you have an eviction on your record, it will negatively impact your ability to rent in the future.

What if my landlord files for eviction, and I pay my rent before court?

This is heavily dependent upon IF your landlord ACCEPTS the payment. If there is an active eviction, and you attempt to make your payment, you MUST confirm that the landlord has accepted the payment. If the landlord accepts the payment, then the case will be dismissed. If the landlord DOES NOT accept the payment, then they may continue with the eviction process.

How many times can I be evicted?

If you can enter into or sign a lease, you can be evicted.

When CAN the tenant terminate a lease?

Reasons a tenant may be able to terminate their lease include a landlord failing to:

1. 1. provide essential services;
   2. make repairs necessary repairs to the property after written notice;
   3. repair something which turns into a health and safety issue (mold, structural damage) or causes the premises to become uninhabitable

What should I prepare or bring to my phone call with the attorney?

Most importantly, the attorney assisting with your case will need a copy of your lease! There aren’t many things our attorneys can do without looking at your lease, so please have that ready. Secondly, bring any notices that you have been served, along with any pertinent information; emails, text communications, payment receipts, pictures, that are relevant to your specific issue.

What is the Eviction process?

To be evicted, you must be notified in writing of the reason for the eviction (the violation of the lease agreement). This could be non-payment of rent but could also be that another term of the lease was not followed. After you have been notified of your lease violation, the Landlord must wait until the notice period has passed (typically 5 or 10 days), and then they can file the Petition at the County Courthouse.

What does it mean to be “notified?”

This simply means that the landlord must give a reasonable effort to contact you and provide you with knowledge of the violation or reason for eviction. This does not mean that you actually have to get the notice. Generally, the landlord will provide you with a sheet of paper detailing the violation and stating the amount of time you have to fix it.

To be valid this notice must be in writing and delivered to you personally, or the notice can be given to a family member who lives at your home and is over the age of twelve (12), or the document may be conspicuously (visibly) posted on or near your door and mailed to you by certified mail (you do not have to actually receive the document in the mail).

What is forcible entry and detainer (FED)?

This legal process deals with the unlawful entry into or retention of possession of property. An “FED” action is a lawsuit usually brought by a landlord to take back possession of property (or ensure receipt of rent payments) through eviction proceedings. The landlord claims that the tenant is unlawfully remaining on the property. If the action is successful, the court can order the tenant to vacate the property, allowing the landlord to regain legal possession.

What is a default judgment?

A judgment refers to a court decision that determines who is legally right in a dispute between a landlord and tenant, usually resulting in either the tenant being ordered to pay owed rent (money judgment) or to vacate the property (possession judgment).

Who is the Plaintiff in a Forcible Entry case?

The Plaintiff is the Person or Company who files the action in court. This is the owner of the premises, the Landlord.

Who is the Defendant in a Forcible Entry case?

The defendant is the one being sued, typically the Tenant or Occupant of the premises.

What is the Court Process for eviction?

• • First, the Landlord will file a Petition, which tells the Court what they are asking for, and who you are. With that, they also file a Summons, which tells you when and where the Court hearing will be.
  • At the Court hearing, the Judge will first take attendance. This is called “calling the docket.” At that time, the Judge will note which Landlords and Tenants are present. If either party is not present at docket call, the Judge will rule against the absent party. NO SECOND CHANCES ARE GIVEN – IF YOU DON’T SHOW UP, THEY WIN THEIR CASE.
  • After the Judge has called the docket, the Judge takes a break, and Landlords, Tenants, and their attorneys are all expected to meet and exchange information. This break is crucial for Landlords and Tenants to discuss possible solutions, payment arrangements, or negotiations outside the scope of the laws of Oklahoma. If the parties cannot agree on anything, they may request a hearing (to present your case to the Judge). A hearing is the last resort, as the Judge can only make a decision based on the laws.
  • Once the Judge has ruled, you are free to leave. Ensure you have a copy of any Order entered (yours will be pink). You must abide by the Judge’s orders.

  If judgment is entered against you, the Landlord can send a Writ of Possession to the Sheriff. This means a law enforcement agent will be at your premises within 48 hours to forcibly remove you.

  If judgment is entered, how long until I have to move out?

  This question is determinative by your landlord. After the landlord has secured a judgment against you; they must obtain a “Writ of Execution” from the court. After obtaining the “Writ” the landlord or a police officer needs to notify you in person or by posting in a conspicuous place that the landlord or the officer shall return in forty-eight 48 hours to execute the “writ.”

  What happens if I don’t comply with the Writ of Execution?

  You can be convicted of trespass and may be punished by a fine, not to exceed $500.00 or by confinement in the county jail for a period of no longer than thirty (30) days or both.

  How do I get my security deposit back?

  You must demand your deposit back from your landlord in writing. Otherwise, they are not required to give it back to you. The demand must be sent in writing within 6 months of moving out, and the landlord has 45 days after your demand to return the safety deposit to you.

  Where do I go if I can’t find somewhere to live?

  If you are in need of housing in Oklahoma, you should reach out to your local County Department of Human or Social Services, a nearby community action agency, church, or a homeless service provider. To explore options for emergency housing assistance, Section 8 housing vouchers, or rapid rehousing programs you can contact the 2-1-1 hotline for information about local services available in the Oklahoma area. (Emergency Resources and Applications)