Monthly Eviction Cases Update, State of Oklahoma - March 2023

Changes in trends for eviction filings and eviction judgments in the State of Oklahoma.

The following is an automated report produced by Open Justice Oklahoma using data we collect from OSCN.

Author

Anthony Flores

Published

April 17, 2023

1 Executive Summary

  • In March 2023, the State of Oklahoma had 2,708 evictions filings and 954 evictions granted.
  • Compared to the previous month, eviction filings experienced a 16% increase and eviction judgments a 4% decrease.
  • Compared to the same month last year eviction filings experienced a 28% decrease and eviction judgments a 52% decrease.
  • Eviction filings and judgments are trending back to pre-pandemic levels.
  • Total eviction filings last year were equal to about 0.37% of the population.

2 The Eviction Process

Eviction filings are eviction lawsuits filed at Oklahoma Districts Courts by landlords to initiate the legal eviction process. While the process differs slightly by county and the reason for eviction, most generally it will begin with landlord sending a written notice of eviction to the tenant. The type and duration of this notice depend on the reason for eviction. For instance, a landlord must provide a 10-day notice for non-payment of rent, a 15-day notice for a breach of the lease, or a 30-day notice for a month-to-month tenancy termination without cause. This notice serves to inform the tenant of the issue and, in some cases, provides them an opportunity to rectify the problem, such as paying overdue rent or remedying lease violations.

After the notice period, the landlord may file their eviction lawsuit, officially called a “Forcible Entry and Detainer” action in Oklahoma, at the small claims court with jurisdiction for the property. After the filing, the tenant will be served with a summons, informing them of the lawsuit and the scheduled court hearing.

Although, as noted by our Senior Infrastructure and Access Policy Analyst, Sabine Brown, the eviction summons form sent to tenants is filled with antiquated, confusing language. Since the landlord wins by default if a tenant fails to appear in court on the scheduled date, the current eviction summons form may contribute to the overwhelming majority of non-dismissed eviction judgments being found in favor of the landlord.

At the hearing, if both parties are present, they will present their case, and the judge will decide whether to grant the eviction, deny it, or dismiss the case, which is referred throughout this report as an “eviction judgment.” If the eviction is granted, the tenant will be given a set period to vacate the property. If denied, the tenant may remain in the rental property. If dismissed, it means the legal eviction process has terminated without the judge making a determination. This most often occurs in eviction cases because the landlord and tenant have settled their dispute by negotiating terms that are mutually acceptable, such as payment of overdue rent, a plan to remedy lease violations, or a voluntary move-out date. It can also more rarely occur if the judge determines there is insufficient evidence, improper notice, or a failure to follow the correct legal procedures. If the case is dismissed “without prejudice,” the landlord is allowed to file again in the future with the expectation they address the reason for dismissal. If the case is dismissed “with prejudice,” then the landlord is barred from filing another lawsuit on the same claim or issue.

3 Analysis of Eviction Filings

3.1 Eviction Filings Over Time

The following graphs show both total eviction filings and the rate of eviction filings per 1,000 people since 2018. The first graph is eviction filings per month. The red dot is the data for the month of March in each year. Eviction filings are seasonal, so it helps to compare to previous month from previous years. The second graph is total eviction filings per year. It does not include the current year since data for it is incomplete.

3.2 Change in Eviction Filings

3.2.1 Pre-COVID vs the Past 12 Months

  • The pre-COVID period had an average of 3,766 eviction filings per month and a rate of 1 eviction filings per 1,000 people.

  • The post eviction moratorium period had an average of 3,293 eviction filings per month.

  • This represents a 13% decrease of 473 eviction filings per month between the two periods.

4 Analysis of Eviction Judgments

4.1 Eviction Judgments Over Time

4.2 Change in Eviction Judgments

4.2.1 Pre-COVID vs the Past 12 Months

  • The pre-COVID period had an average of 1,561 evictions granted per month and a rate of 0.39

  • The post eviction moratorium period had an average of 1,243 evictions granted per month.

  • This represents a 20% decrease of 318 evictions granted per month for the two periods.