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OK HB2534

Bill

Status

Engrossed

3/14/2012

Primary Sponsor

Brian Crain

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 2534 Summary

  • Requires defendants in forcible entry and detainer actions to file written answers within 3 days of service; plaintiff entitled to judgment and writ of restitution if defendant fails to answer within this timeframe.

  • Modifies service of process procedures, allowing service by posting on the premises with notice to defendant, establishing such posting as effective at time of posting rather than requiring certified mail delivery.

  • Changes court procedure by requiring court clerks to set trial dates within 3-7 days of answer filing; makes assignment to small claims docket permissive rather than mandatory.

  • Amends Oklahoma Residential Landlord and Tenant Act to clarify termination notice requirements using calendar days, mandate statutory damages for tenants remaining after notice, and establish landlord's lien rights for unpaid rent and storage costs.

  • Replaces writ of execution with writ of restitution in forcible entry and detainer judgments and exempts restitution writs from additional postjudgment court costs except service fees; effective November 1, 2012.

Legislative Description

Forcible entry and detainer; modifying civil procedure and landlord and tenant provisions relating to forcible entry and detainer; effective date.

Property

Last Action

Second Reading referred to Judiciary

3/21/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available