Oklahoma Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

You or your landlord may end the tenancy with a written notice, given 30 days in advance. If you do not have a lease and you pay rent every week, you are a ?week-to-week tenant? and either you or your landlord may end the tenancy with a written notice, given 7 days in advance.

I have been named as a defendant in a case, but cannot find an attorney. What do I do? As stated on the summons you received when the complaint was served on you, you have 21 days in which to file an Answer.

FORCIBLE ENTRY AND DETAINER (Eviction Process): STEP 1 - A 30 Day Notice to Vacate must be served on the person(s) to be evicted. It can be served by the Sheriff or private process server. The local Sheriff's Office has the forms available or they can be obtained online.

In Texas, you can live to fight another day. As long as you file your appeal in a timely manner. That is, you must file your appeal during the 5 day period that the judge gives you to vacate. The appeal is filed in the Justice Court at the clerk of the court's window.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.

Appeal. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.

24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.

24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.

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Oklahoma Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand