My Experience with a Pro Eviction in Oklahoma City

[Jon Pitcher]

That should read "Pro Se" Eviction - as in, I am representing myself.  Apparently I can't edit the title.

I am about to file my first eviction lawsuit after 10 years of owning and managing rental properties in Oklahoma City.  I spoke with a local eviction attorney about representing me, but ultimately decided to embrace the learning experience of filing this eviction myself. I thought it might be interesting and possibly helpful for other investors if I describe my experience, and I would also be thankful for any advice the community may have.

Here is my situation:

I am an attorney, but I practice corporate/transactional law and estate planning.  I have zero courtroom experience. I have never evicted a tenant before because I have always been able to work out an agreement to get the tenant to move voluntarily when they couldn't pay rent.  I have also been fortunate to have the vast majority of my tenants pay on time and take good care of my properties. 

I own a handful of properties in the Midwest City/Del City area.  This is a blue-collar area, most home sales sell for well under $100k, and rental homes outnumber the owner-occupied homes.  

I have a 3-bedroom, 1.5 bath house near SE 44th and Bryant that rents for $795.  The current tenant moved in last December (2016).  She paid rent on time for her first 3 months.  She was late on rent in March, but did pay with late fee on the 9th.  She has not paid April rent.  Previously she has communicated with me by email, but this month she has not returned any of my texts or emails. 

I posted a 5-day Pay or Quit notice on April 7th (our lease says rent is late if not received by the 5th).  I sent the notice by certified mail and taped it to the front door of the house.  As of the 13th, I have not heard from my tenant.   If she had contacted me, I would have offered her $200 cash to voluntarily to move out within a week.

Next, I needed to figure out how to file an eviction lawsuit.  I know that the cause of action in Oklahoma is called a Forcible Entry and Detainer (FED), and that you file the action in small claims court.  So I went to this website: http://www.oscn.net/dockets/search.aspx.  Using search criteria to pull up small claims cases in Oklahoma County, I was able to find lots of FED filings.  I found a successful eviction and used the petition as a template to draft my own petition. I am asking for possession of the premises, April rent, late fee, and my court costs. If I get a money judgment, I don't know if I will bother trying to enforce it.  The main goal is to get the tenant out so I can put a new tenant in.

My next step will be to go down to the small claims court and file my petition.  The defendant has to be served, either by the sheriff or a private process server.  Then we have hearing.  Unfortunately, I have just learned that the courthouse is closed tomorrow for Good Friday.  So I have delayed the process by three days because I didn't go down and file my petition today.  I plan to file the petition Monday, and will update this post.

[Rhett Tullis]

i have a lawyer i use that charges $165 for an eviction while you are doing fine and can do it yourself for the price she charges (which includes court fees) i bet your time could be better used elsewhere and you can even tag along and learn the process.  since you are in oklahoma county you will win pretty easily as long as you do your forms right but it can get messy depending on the judge you get.  have fun and let us know how it goes.