Okla. Stat. tit. 12, § 1148.1 et seq. § 1148.7
Jury Trial - Not an Option for Certain Actions - Non-Jury Trial
Operative Text
A jury trial shall only be an option for claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act, and shall not be an option for forcible entry and detention actions. For suits with actions for the forcible entry and detention, or detention only, of real property, along with claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act, and a jury trial is requested, the suit for forcible entry and detention shall be severed from the other claims in the suit and shall have its own non-jury trial. For suits where a jury trial is an option, if neither party demands a jury trial on or before the day of trial, the court shall try the cause.
Under 12 O.S. § 1148.7, Oklahoma law draws a clear line between two types of housing-related court actions: those that may be decided by a jury and those that may not. Claims involving unpaid rent, property damage, or rights under the Oklahoma Residential Landlord and Tenant Act are eligible for jury trial, but forcible entry and detention (eviction) actions are not. When both types of claims appear in the same lawsuit and a jury trial is requested, the eviction portion must be split off into its own separate, non-jury proceeding, while the remaining claims may proceed with a jury if one is timely demanded.
Plain English — not legal advice.
Property owners and managers operating in Oklahoma should be aware that under 12 O.S. § 1148.7, eviction proceedings—formally called forcible entry and detention actions—will always be decided by a judge, not a jury. When a case involves both an eviction claim and related monetary claims such as unpaid rent or property damage, compliant operators generally anticipate that the court will sever these into separate tracks. If a jury trial is desired on the eligible monetary claims, a demand must be made on or before the day of trial, or the court will proceed without a jury.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 O.S. § 1148.7, tenants facing eviction should know that the eviction portion of any case will be heard by a judge alone—there is no right to a jury on that issue. If a landlord has also brought claims for unpaid rent or property damage in the same lawsuit, those claims may be separated into a different proceeding where a jury trial could be available. Tenants who want to understand how these procedural rights apply to their situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Oklahoma housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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