Oklahoma Senate Bill 128 (SB128), signed into law in 2025, brings the most significant change to the state’s eviction procedures in years. While Oklahoma remains one of the fastest states for evictions, SB128 adds additional time to the process, aiming to strike a better balance between landlords’ property rights and tenants’ housing stability. If it is signed into law by the governor’s office, the law will take effect November 1, 2025, so landlords and property managers may wish to act now to prepare. This article summarizes the legal changes, explains how the new timelines affect typical eviction workflows, and offers practical advice to help Oklahoma landlords stay compliant and avoid costly delays. NOTE – the information in this article is based on early, preliminary reports about the bill and there may be changes in law or implementation.
Table of Contents
Key Takeaways from SB128
1. Hearing timelines are extended.
- Under prior law, an eviction hearing could be held as soon as 5 days after filing.
- Under SB128, hearings must now be scheduled 10 to 15 days after the summons is issued.
2. Tenants must receive more notice of the hearing.
- The summons must now be served at least 7 days before the hearing (up from 3 days previously).
3. High-risk evictions are still expedited.
- Cases involving criminal activity, serious property damage, or dangerous conduct are still eligible for faster hearings under existing emergency provisions.
4. Effective date: November 1, 2025.
- The changes apply to eviction cases filed on or after that date.
Background: Why SB128 Was Passed
Oklahoma has long had one of the nation’s quickest eviction processes. Critics have argued that the short timelines often resulted in default judgments, where tenants didn’t have time to respond or appear in court.
The Legislature responded by passing SB128 with bipartisan support. The goal: preserve efficient court access for landlords, while giving tenants a slightly longer window to either pay overdue rent, seek legal help, or make arrangements to appear in court.
Senator Julia Kirt (D–Oklahoma City), the bill’s author, emphasized that “even just a few days more” can help families avoid unnecessary eviction and reduce homelessness. The bill’s supporters also noted that many Oklahoma evictions involve children and vulnerable tenants, and that a more measured timeline can improve outcomes without adding significant burden to landlords.
What Exactly Changes?
1. More Time Before the Court Hearing
Under prior law, a court hearing could be held 5–10 days after the eviction case was filed. Under SB128, hearings must now be scheduled 10–15 days from the issuance of the summons. This gives tenants more time to prepare. For landlords, it means slightly longer wait times before a judgment or lockout order.
2. More Time for Service of Summons
Under prior law, tenants could be served just 3 days before the hearing. Under SB128, the summons must be served at least 7 days before the hearing date.
Service by sheriff, process server, or approved method (posting and mailing, if personal service fails) remains permitted. But landlords must plan ahead to ensure timely service within the new window. Courts may reschedule hearings if the 7-day notice requirement isn’t met.
3. Exceptions: Emergency Evictions Still Move Quickly
SB128 does not change the process for certain expedited evictions allowed under 41 O.S. § 132(C) and (D). These include:
- Criminal activity on the property
- Substantial property damage
- Violent threats or serious lease violations involving safety
These cases still qualify for fast-track eviction, with hearings as soon as 5 days after filing and only 3 days’ notice required. If your case involves one of these situations, consult legal counsel to ensure you plead it properly and cite the correct statutes.
Pre-Filing Notices Still Required
It’s important to note that SB128 does not affect the required pre-filing notices for most evictions. For example:
- Nonpayment of Rent:
- Landlord must still give a 5-day or 10-day pay or quit notice, depending on lease length.
- Other Lease Violations:
- A 10-day cure or quit notice is still required before filing.
SB128 only changes the post-filing timeline — once you’ve served the required notice and filed your eviction case, the court now has a longer lead time to schedule the hearing.
Practical Effects on Landlords and Managers
Longer Eviction Process = More Planning Needed
Expect most standard evictions (nonpayment, unauthorized occupants, etc.) to take 2 to 3 weeks from filing to hearing, compared to just 1 week previously. Build that delay into your rent collection and vacancy planning workflows.
Adjust Your Eviction Checklist
Ensure your procedures include:
- Tracking pre-filing notice periods
- Allowing at least 7 days for summons service
- Following up with process servers promptly
- Verifying service was completed at least 7 days before trial
Update Your Lease Templates
If your leases mention eviction timelines or consequences, update them to avoid misstatements. For example, if you previously said “you can be evicted in 5–7 days,” revise that to reflect the new 10–15 day court schedule.
Educate Owners (if you manage on their behalf)
Let property owners know about the new timelines. Set realistic expectations and consider advising owners to:
- Send notices earlier
- Budget for a few extra weeks of nonpayment
- Consider payment plans or resolutions with tenants during the extra time
Work with Your Attorney or Service Providers
Ensure that your legal counsel, eviction service, or process server understands the new deadlines. Late service will cause delays, so proactive coordination is critical.
Benefits for Landlords
Though longer timelines may seem like a disadvantage, SB128 could benefit landlords in some ways:
- Fewer default judgments may reduce appeals and disputes.
- Extra time may give tenants a chance to pay and avoid turnover.
- A more balanced process can reduce the risk of tenant retaliation or complaints.
In high-turnover markets or with struggling tenants, the added notice could mean fewer filings and more informal resolutions.
What Should You Do Now?
Before November 1, 2025:
- Revise your eviction checklist
- Train your team on the new rules
- Update templates and forms
- Communicate with process servers
- Let owners or investors know what to expect
Final Thoughts
SB128 won’t drastically change how Oklahoma landlords operate — but it does require you to slow down slightly and tighten your eviction workflow. A hearing that once came in 5–7 days may now be 12–15 days out, and tenants must get more advance notice. By preparing early, updating your documents, and training your team, you can stay ahead of the curve.
At Jones Property Law, we’re here to help property owners and managers navigate this transition with clarity and confidence. If you need help updating your lease forms or eviction notices, or want a compliance review of your process, contact us for assistance.