The Oklahoma legislature has had a busy 2023 so far, with the introduction of many housing-related bills. One of these new pieces of legislation, HB 2792, was recently passed by the legislature. The bill mandates plain language for eviction notices, making it easier for tenants to participate in the judicial process to avoid eviction by requiring that the text of eviction notices be less technical, with limited legal jargon. The bill will likewise help tenants learn about the eviction process and what materials are necessary to bring to court during an eviction hearing. The legislation also creates timing requirements regarding when eviction notices are delivered so that tenants have ample time to prepare for hearings.
Currently, tenants in Oklahoma must appear at small claims courts to work through their evictions. Such courts are meant to help solve disagreements between parties and maintain relatively relaxed courtroom rules, with no requirement that parties be represented by lawyers. In eviction cases, however, landlords tend to appear with lawyers, while most tenants do not have representation. The power imbalance between the two parties strongly impacts the outcome of eviction cases in Oklahoma, where decisions usually favor the landlord. For example, the Terry West Civil Legal Clinic at the University of Tulsa has found that tenants with lawyers are less likely to be evicted and required to pay compensation (43%) than tenants without lawyers (78%).
In addition to the lack of representation for tenants in Oklahoma, many tenants do not make it to court and are automatically evicted due to default judgments by the courts. Often, tenants do not show up at their hearings due to eviction notices being difficult to understand. To reduce the confusion created by eviction notices, housing advocates in Oklahoma recommended that eviction notices be issued in plain language. This advocacy led to the creation and introduction of HB 2792.
While the passage of HB 2792 is a win for residents of Oklahoma, there is still work to be done in the state to advance tenant rights. “The investment in affordable housing and passage of plain language eviction notices will help Oklahomans find and maintain stable housing, but we know the work isn't over,” said Sabine Brown of the Oklahoma Policy Institute. “We hope legislators return next session ready to continue the work of ensuring families have access to a safe, affordable home.” While HB 2792 addresses confusing eviction notices, the state still lacks a right to counsel, which would address the absence of representation for tenants in small claims court. During the legislative session this spring, another piece of legislation (HB 2726) was introduced that would have codified the right to counsel in the state. However, the bill did not pass. Still, such momentum will hopefully continue to build and pay off in future legislative sessions.
View the current and new versions of Oklahoma’s eviction summons here.
View the text of HB 2792 here.