Okla. Stat. tit. 21, § 21-1354

property — Complaint — Wrongful removal.

A. A property owner or his or her authorized agent may request

from the sheriff of the county in which the property is located the

immediate removal of a person or persons unlawfully occupying real

property pursuant to this section if all of the following conditions

are met:

1. The requesting person is the property owner or authorized

agent of the property owner;

2. An unauthorized person or persons have unlawfully entered

and remain or continue to reside on the property owner's property;

3. The real property was not open to members of the public at

the time the unauthorized person or persons entered;

4. The property owner or their agent has directed the

unauthorized persons to leave the property;

5. The unauthorized person or persons are not current or former

tenants pursuant to a written or oral rental agreement authorized by

the property owner;

6. The unauthorized person cannot produce documentation,

correspondence, or identification cards sent or issued by a

government agency, including, but not limited to, Service Oklahoma

or the Election Board, which show that the person used the property

address as an address of record with the agency within the previous

twelve (12) months;

7. The unauthorized person cannot produce a lease signed by the

property owner or their agent;

8. The unauthorized person or persons are not immediate family

members of the property owner; and

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9. There is no pending litigation related to the real property

between the property owner and any known unauthorized person.

B. To request the immediate removal of an unlawful occupant of

a residential dwelling, the property owner or his or her authorized

agent must submit a complaint by presenting a completed and verified

Complaint to Remove Persons Unlawfully Occupying Residential Real

Property form to the sheriff of the county in which the real

property is located. The submitted complaint must be in

substantially the following form:

COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING

REAL PROPERTY

I, the owner or authorized agent of the owner of the real

property located at __________________, declare under the penalty of

perjury that (initial each box):

1. ______ I am the owner of the real property or the authorized

agent of the owner of the real property.

2. ______ I purchased the property on _________________.

3. ______ An unauthorized person or persons have unlawfully

entered and are remaining or residing unlawfully on the real

property.

4. ______ The real property was not open to members of the

public at the time the unauthorized person or persons entered.

5. ______ I have directed the unauthorized person or persons to

leave the real property, but they have not done so.

6. ______ The person or persons are not current or former

tenants pursuant to any valid lease authorized by the property

owner, and any lease that may be produced by an occupant is

fraudulent.

7. ______ The unauthorized person or persons sought to be

removed are not an owner or a co-owner of the property and have not

been listed on the title to the property unless the person or

persons have engaged in title fraud.

8. ______ The unauthorized person or persons are not immediate

family members of the property owner.

9. ______ There is no litigation related to the real property

pending between the property owner and any person sought to be

removed.

10. _____ I understand that a person or persons removed from

the property pursuant to this procedure may bring a cause of action

against me for any false statements made in this complaint, or for

wrongfully using this procedure, and that as a result of such action

I may be held liable for actual damages, penalties, costs, and

reasonable attorney fees.

11. _____ I am requesting the sheriff to immediately remove the

unauthorized person or persons from the property.
pursuant to this procedure may bring a cause of action

against me for any false statements made in this complaint, or for

wrongfully using this procedure, and that as a result of such action

I may be held liable for actual damages, penalties, costs, and

reasonable attorney fees.

11. _____ I am requesting the sheriff to immediately remove the

unauthorized person or persons from the property.

12. _____ A copy of my valid government-issued identification

is attached, or I am an agent of the property owner, and documents

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evidencing my authority to act on the property owner's behalf are

attached.

I ACKNOWLEDGE AND UNDERSTAND THAT MAKING OR CAUSING TO BE MADE A

FALSE STATEMENT IN THIS AFFIDAVIT MAY SUBJECT ME TO CRIMINAL

PROSECUTION FOR PERJURY AND/OR BEING LIABLE FOR ACTUAL DAMAGES

SUFFERED OR INCURRED BY ANY PERSON OR OTHER ENTITY AS A RESULT OR

CONSEQUENCE OF THE MAKING OF OR RELIANCE UPON SUCH FALSE STATEMENT.

_____________________________ (Signature of Property Owner or

Agent of Owner)

C. Upon receipt of the complaint, the sheriff shall verify that

the person submitting the complaint is the record owner of the real

property or the authorized agent of the owner and appears otherwise

entitled to relief under this section. If verified, the sheriff

must, without unnecessary delay, serve a notice to immediately

vacate on all the unlawful occupants and shall put the owner in

possession of the real property. Service may be accomplished by

hand delivery of the notice to an occupant or by posting the notice

on the front door or at a conspicuous location on the property. The

sheriff shall also attempt to verify the identities of all persons

occupying the property and note the identities on the return of

service. If appropriate, the sheriff may arrest any person found on

the property for trespass, outstanding warrants, or any other legal

cause.

D. The sheriff is entitled to the same fee for service of the

notice to immediately vacate as if the sheriff were serving a writ

of execution under Section 1148.10 of Title 12 of the Oklahoma

Statutes. After the sheriff serves the notice to immediately

vacate, the property owner or authorized agent may request that the

sheriff stand by to keep the peace while the property owner or agent

of the owner changes the locks and removes the personal property of

the unlawful occupants from the premises. When such a request is

made, the sheriff may charge a reasonable hourly rate, and the

person requesting the sheriff to stand by and keep the peace is

responsible for paying the reasonable hourly rate set by the

sheriff. The sheriff is not liable to the unlawful occupant or any

other party for loss, destruction, or damage of property. The

property owner or his or her authorized agent is not liable to an

unlawful occupant or any other party for the loss, destruction, or

damage to the personal property unless the removal was wrongful.

E. A person may bring a civil cause of action for wrongful

removal against the person who requested such removal under this

section. A person harmed by a wrongful removal under this section

may be restored to possession of the real property and may recover

actual costs and damages incurred, statutory damages equal to triple

the fair market rent of the dwelling, court costs, and reasonable

attorney fees.

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F. This section does not limit the rights of a property owner

or limit the authority of a law enforcement officer to arrest an

unlawful occupant for trespassing, vandalism, theft, or other

crimes.