Can Legislators Reform Oklahoma’s Landlord-Friendly Eviction Policies?

December 27, 2024

Oklahoma is grappling with a significant eviction crisis, with an average of 132 eviction cases daily in 2024, a situation expected to result in approximately 48,278 evictions by the end of the year, reflecting the previous year’s figures. The state’s legal framework heavily favors landlords, creating a challenging environment for tenants who often find themselves at a disadvantage. This article delves into the systemic issues contributing to the high eviction rates, highlighting the urgent need for policy reforms to build a more equitable housing system for all stakeholders involved.

The Landlord-Friendly Legal Framework

Oklahoma is classified as a landlord-friendly state, mainly due to several legislative factors that tip the scales in favor of property owners. The absence of rent control, streamlined and cost-effective eviction processes, and low property taxes collectively create an environment that significantly benefits landlords. This legal framework disproportionately impacts tenants, particularly those who are economically vulnerable. Katie Dilks, Executive Director of the Oklahoma Access to Justice Foundation, emphasizes that high eviction rates in the state are not attributed to tenants’ economic conditions or housing costs but to legislative choices that simplify and reduce the costs associated with evictions for landlords.

Eviction procedures in Oklahoma are notably swift, sometimes to the detriment of tenants. Tenants can receive a summons for an eviction hearing scheduled just three days later, a shorter period compared to almost any other state except for two. This expedited process often prevents tenants from attending their hearings due to work conflicts or lack of adequate notice, leading to default judgments in their absence. In 2023, a staggering 73% of eviction cases ended with the tenant not present at the hearing. Legislative efforts to extend this period, such as the proposal by state representative Kirt, have failed to advance, illustrating the uphill battle faced by tenant advocates in securing more time for tenants to prepare for their hearings.

The Role of Corporate Landlords

The domination of corporate landlords in Oklahoma’s eviction landscape stands out as a significant contributing factor to the high eviction rates. Unlike smaller, independent landlords, corporate entities often use eviction filings as a strategic financial tool rather than solely as a means to remove tenants. These corporate landlords leverage evictions as a cost-effective method to collect rent and associated fees, taking advantage of the state’s quick turnaround in processing evictions. In Tulsa County, for example, a mere 50 landlords were responsible for over half of all eviction filings between 2018 and 2022, underscoring the prevalence of “serial evictions” conducted by these larger entities.

The financial repercussions for tenants extend beyond the immediate loss of their home. Evicted tenants frequently face additional financial burdens through practices such as lease-break fees, which apply not only to those who terminate leases early out of necessity but also to those who are evicted. These fees can further entrench tenants in financial instability, making it even more challenging to secure new housing. Adding to the financial strain, landlords often report unpaid lease-termination fees to credit bureaus, which exacerbates the tenants’ financial difficulties post-eviction and can hinder their ability to rent future housing or access credit.

Retaliatory Actions and Tenant Vulnerability

The issue of retaliatory actions by landlords is another significant problem impacting tenants in Oklahoma. When tenants report poor living conditions or request necessary repairs, some landlords respond with eviction threats or actual eviction filings. This behavior exemplifies how landlords can leverage their power to retaliate against tenants, maintaining control and circumventing accountability for property conditions. For instance, an Oklahoma City landlord evicted a tenant following long-unaddressed requests for repairs, despite intervention from city code enforcement authorities. Efforts to enact anti-retaliation laws in the Oklahoma Legislature have repeatedly failed, leaving tenants vulnerable to such punitive actions without legal recourse.

The absence of guaranteed legal representation for tenants in eviction proceedings further compounds their vulnerability. While landlords are typically represented by legal counsel during eviction hearings, the majority of tenants face these legal battles alone, often without any legal knowledge or support. National data highlights a stark disparity in legal representation: only about 4% of tenants are represented by legal counsel compared to 83% of landlords. This imbalance of power and resources significantly impacts the outcomes of eviction cases, often to the detriment of tenants. In states and municipalities that have adopted Right to Counsel laws, outcomes for tenants have improved, reducing involuntary moves and fostering long-term housing stability.

The Need for Legislative Reforms

Oklahoma is currently facing a severe eviction crisis, with an estimated average of 132 eviction cases being processed daily in 2024. This alarming rate is projected to lead to around 48,278 evictions by the year’s end, mirroring the troubling statistics from the previous year. The current legal landscape in the state significantly benefits landlords, putting tenants at a considerable disadvantage. Many renters struggle to navigate a system that is seemingly designed against them. This article explores underlying systemic issues contributing to the surge in evictions, underscoring the critical need for policy reforms. These reforms are essential to creating a fairer housing system that adequately protects the rights and well-being of all involved parties. Solutions could include revising tenant rights, offering more accessible legal resources, and providing temporary financial assistance to those at risk of eviction. By addressing these urgent policy changes, Oklahoma can aim for a more balanced and just housing environment.

Subscribe to our weekly news digest.

Join now and become a part of our fast-growing community.

Invalid Email Address
Thanks for Subscribing!
We'll be sending you our best soon!
Something went wrong, please try again later