Oklahoma Forcible Entry and Detainer Complaint (Eviction Petition)

OKLAHOMA FORCIBLE ENTRY AND DETAINER PETITION

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Tenancy and Premises
4. Default / Grounds for Termination
5. Pre-Suit Notice and Proof of Service
6. Count I — Forcible Entry and Detainer (Possession)
7. Count II — Money Judgment (Rent and Damages)
8. Count III — Holdover Damages (41 O.S. § 130)
9. Prayer for Relief
10. Verification
11. Signature and Service Block
12. Exhibits
13. Oklahoma Practice Notes
14. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF OKLAHOMA

Case No.: [________________________________]

VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER, RENT, AND DAMAGES

(12 O.S. § 1148.1 et seq.; 41 O.S. § 101 et seq.)

Plaintiff, complaining of Defendant(s), alleges and says as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Landlord") is a [INDIVIDUAL / CORPORATION / LLC / TRUST / OTHER] with a principal place of business at [ADDRESS] and is the lawful owner / authorized agent of the Premises identified below.

2.2. Defendant [TENANT NAME] ("Tenant") is an individual residing at the Premises and may be served at [SERVICE ADDRESS], [CITY], Oklahoma [ZIP].

2.3. Defendant "All Other Occupants" includes any unnamed adults or other persons in possession of the Premises whose identities are not currently known to Plaintiff.

2.4. This Court has subject-matter jurisdiction over this Forcible Entry and Detainer action pursuant to 12 O.S. § 1148.1, which vests jurisdiction in the District Court of the county where the real property is located.

2.5. Venue is proper in [COUNTY] County, Oklahoma, because the Premises is located within this county.

2.6. ☐ This action is filed on the SMALL CLAIMS DOCKET of this Court pursuant to 12 O.S. § 1148.14, the money judgment sought being within the small-claims jurisdictional amount.

2.7. ☐ This action is filed on the regular civil docket; the money judgment sought exceeds the small-claims jurisdictional limit.

3. TENANCY AND PREMISES

3.1. The real property at issue is the dwelling unit located at:

[STREET ADDRESS, UNIT/APT]

[CITY], Oklahoma [ZIP]

[COUNTY] County, Oklahoma

(the "Premises").

3.2. The Premises is a "dwelling unit" within the meaning of 41 O.S. § 102 and is governed by the Oklahoma Residential Landlord and Tenant Act ("ORLTA"), 41 O.S. § 101 et seq.

3.3. Tenant occupies the Premises pursuant to (check one):

• ☐ A written rental agreement dated [__/__/____], attached as Exhibit 1
• ☐ An oral rental agreement entered on or about [__/__/____]
• ☐ A month-to-month tenancy following expiration of a written lease
• ☐ A tenancy at will / sufferance

3.4. Monthly rent in the amount of $[AMOUNT] is due on the [____] day of each month.

3.5. Security deposit on file: $[AMOUNT] (held in escrow as required by 41 O.S. § 115).

4. DEFAULT / GROUNDS FOR TERMINATION

4(A). NONPAYMENT OF RENT — 41 O.S. § 131

4A.1. Tenant has failed to pay rent lawfully due and owing under the rental agreement, as follows:

4A.2. As of the date of filing, Tenant remains in default and has not cured the rent delinquency.

4(B). MATERIAL NONCOMPLIANCE — 41 O.S. § 132

4B.1. Tenant has materially failed to comply with the rental agreement and/or with Tenant's statutory obligations under 41 O.S. § 116, in the following respects:

4B.2. ☐ Tenant failed to cure the breach within ten (10) days of receipt of the § 132(A) notice.
4B.3. ☐ This is a SECOND substantially similar breach within six (6) months, as to which Plaintiff served an unconditional 15-day notice under § 132(B).
4B.4. ☐ The breach caused or threatened IMMINENT AND IRREMEDIABLE HARM and Plaintiff terminated immediately under § 132 (imminent-harm provision).

4(C). NO-CAUSE TERMINATION — 41 O.S. § 111(B)

4C.1. The tenancy was a month-to-month tenancy / tenancy at will. Plaintiff served Tenant with a written 30-day notice of termination under 41 O.S. § 111(B).

4C.2. The termination date specified in that notice was [__/__/____].

4C.3. Tenant has refused or failed to vacate the Premises and remains in possession.

4(D). HOLDOVER AFTER LEASE EXPIRATION

4D.1. Tenant's fixed-term lease expired on [__/__/____].

4D.2. Tenant has remained in possession without right or authority. The holdover is willful and not in good faith.

5. PRE-SUIT NOTICE AND PROOF OF SERVICE

5.1. On [__/__/____], Plaintiff served Tenant with the statutory pre-suit notice required by ORLTA. The notice and proof of service are attached as Exhibit 2.

5.2. The notice was served by (check all that apply):

• ☐ Personal delivery
• ☐ Delivery to a person of suitable age and discretion at the Premises
• ☐ Posting in a conspicuous place at the Premises
• ☐ U.S. Certified Mail, return receipt requested
• ☐ Electronic communication pursuant to written agreement of the parties

5.3. The applicable cure / quit period under the notice expired on [__/__/____], and Tenant has not cured the default and remains in possession.

6. COUNT I — FORCIBLE ENTRY AND DETAINER (POSSESSION)

6.1. Plaintiff incorporates by reference paragraphs 1.1 through 5.3 above.

6.2. Tenant unlawfully and forcibly detains the Premises from Plaintiff within the meaning of 12 O.S. § 1148.1.

6.3. Plaintiff is entitled to immediate possession of the Premises.

6.4. Plaintiff requests issuance of a writ of execution to remove Tenant and all other occupants from the Premises following judgment.

7. COUNT II — MONEY JUDGMENT (RENT AND DAMAGES)

7.1. Plaintiff incorporates by reference paragraphs 1.1 through 6.4 above.

7.2. Pursuant to 12 O.S. § 1148.1 (joinder of actions), Plaintiff may join a claim for money judgment with the FED action.

7.3. Tenant owes Plaintiff the following amounts:

7.4. Plaintiff is entitled to recover these amounts, together with pre- and post-judgment interest at the statutory rate.

8. COUNT III — HOLDOVER DAMAGES (41 O.S. § 130)

8.1. Plaintiff incorporates by reference paragraphs 1.1 through 7.4 above.

8.2. Tenant's holdover after the termination date stated in the predicate notice is willful and not in good faith.

8.3. Pursuant to 41 O.S. § 130, Plaintiff is entitled to recover, in addition to actual damages, an amount NOT MORE THAN TWICE the average monthly rental, computed and prorated on a daily basis, for each month or portion thereof that Tenant has remained in possession after termination.

8.4. Holdover damages calculation:

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants:

A. For immediate possession of the Premises and issuance of a writ of execution to remove Tenant and all other occupants;

B. For unpaid rent, late fees, and lease-based damages in the amount of $[____], plus rent accruing through judgment;

C. For holdover damages under 41 O.S. § 130 in the amount of $[____];

D. For damages to the Premises in the amount of $[____];

E. For Plaintiff's reasonable attorney's fees pursuant to the rental agreement and 41 O.S. § 105;

F. For Plaintiff's costs of suit;

G. For pre- and post-judgment interest at the statutory rate; and

H. For such other and further relief as this Court deems just and equitable.

10. VERIFICATION

STATE OF OKLAHOMA )
) ss.
COUNTY OF [________] )

I, [NAME OF VERIFIER], being first duly sworn, depose and say:

I am the [PLAINTIFF / AUTHORIZED AGENT / OFFICER] in the foregoing action, I have read the foregoing Complaint, and the matters and things stated therein are true and correct based upon my personal knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

________________________________

[NAME], Verifier

Subscribed and sworn to before me this [____] day of [MONTH], [YEAR].

________________________________

Notary Public

My commission expires: [__/__/____]

Commission no.: [________]

11. SIGNATURE AND SERVICE BLOCK

Respectfully submitted,

________________________________

[ATTORNEY NAME], OBA No. [________]

[FIRM NAME]

[ADDRESS]

[CITY], OK [ZIP]

Telephone: [________]

Facsimile: [________]

Email: [________]

Attorney for Plaintiff

12. EXHIBITS

13. OKLAHOMA PRACTICE NOTES

13.1. Trial timing. The summons commands trial 5–10 days after issuance under 12 O.S. § 1148.4. Calendar discovery, witness lines, and exhibit production accordingly.

13.2. Answer. No written answer is required before trial under 12 O.S. § 1148.6. Tenant typically appears at the hearing and asserts defenses orally or via filed answer that day.

13.3. Jury demand. 12 O.S. § 1148.7 governs FED jury trials. Practice and timing vary by county; many courts require the demand at or before the first appearance. Confirm local practice.

13.4. Joinder. Plaintiff may join the rent/damages money claim with the FED possession claim under 12 O.S. § 1148.1. Be aware that joinder may move the case off the small-claims docket if the money claim exceeds the small-claims jurisdictional limit.

13.5. Predicate notice is strictly construed. Defects in the underlying § 131 / § 132 / § 111 notice (wrong period, wrong amount, defective service, missing content) are common dispositive defenses. Read your own notice critically before filing.

13.6. Habitability / retaliation / discrimination defenses. Anticipate (a) breach-of-warranty-of-habitability defense under 41 O.S. § 118; (b) federal/state fair-housing defenses; (c) defective-notice defense; and (d) waiver-by-acceptance-of-rent defense.

13.7. Writ and lockout. After judgment for possession, Plaintiff must obtain a writ of execution and have the sheriff (or constable) perform the lockout. Do NOT change locks or remove tenant property unilaterally; § 123 imposes substantial liability.

13.8. Appeal and stay. Defendant has 30 days from final judgment to file a petition in error in the Oklahoma Supreme Court (which assigns FED appeals to the Court of Civil Appeals). To stay execution pending appeal, defendant generally must post a supersedeas bond within two (2) days of judgment (extendable up to seven days by court order) and pay current rent into court during the appeal. 12 O.S. §§ 1148.10, 1148.10A.

13.9. Tenant property left behind. After lockout, Oklahoma law (41 O.S. § 130 and case law) permits the landlord to dispose of personal property left behind, but specific procedures (notice, storage, sale) depend on the lease and the circumstances. Use a separate abandoned-property protocol; do not improvise.

13.10. Section 8 / public housing tenants. HUD lease-grievance procedures and CARES Act 30-day notice for covered properties apply on top of state law. Confirm subsidy status and document compliance.

13.11. Local practice. Oklahoma County (CV-00 dockets) and Tulsa County (CS / SC dockets) each maintain their own FED procedures, hearing calendars, and form-document requirements. Contact the court clerk before filing.

13.12. Mobile-home parks. Mobile-home park tenancies are governed by the Oklahoma Mobile Home Parks Act, with parallel but distinct notice and possession remedies. This template is for ORLTA dwelling units only.

14. SOURCES AND REFERENCES

• 12 O.S. §§ 1148.1–1148.16 — Forcible Entry and Detainer Act (jurisdiction, summons, trial timing, answer, jury, judgment, supersedeas, small-claims docket, statutory summons form).
• 12 O.S. § 990A — Appeal procedure (30-day petition in error).
• 41 O.S. §§ 101–136 — Oklahoma Residential Landlord and Tenant Act.
• 41 O.S. § 102 — Definitions and scope.
• 41 O.S. § 105 — Attorney fees.
• 41 O.S. § 111 — Termination of tenancy (30-day no-cause).
• 41 O.S. § 115 — Damage or security deposits (45-day return; misappropriation).
• 41 O.S. § 116 — Tenant's obligations.
• 41 O.S. § 118 — Landlord's duty to maintain (warranty of habitability).
• 41 O.S. § 123 — Wrongful removal or exclusion (self-help bar).
• 41 O.S. § 128 — Landlord's right of entry; reasonable notice.
• 41 O.S. § 130 — Holdover damages.
• 41 O.S. § 131 — Delinquent rent (5-day notice).
• 41 O.S. § 132 — Material noncompliance (10/15-day; § 132(B) unconditional 15-day; imminent-harm immediate termination).
• 25 O.S. § 1452 — Oklahoma Anti-Discrimination Act.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 15 U.S.C. § 9058 — CARES Act 30-day notice.
• Oklahoma Statutes online: https://www.oklegislature.gov/osstatuestitle.aspx
• Oklahoma State Courts Network: https://www.oscn.net
• Legal Aid Services of Oklahoma: https://oklaw.org

END OF COMPLAINT