§ 1148.2.Powers of Court

Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1148.2 empowers the court to inquire into both unlawful forcible entries and unlawful holdovers by tenants who entered lawfully, and to order restitution of the property to the complaining party if it finds the holding unlawful.

Full Text of § 1148.2

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The court shall have power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into land or tenements, unlawfully and by force hold the same, and if it be found, upon such inquiry, that an unlawful and forcible entry has been made, and that the same lands and tenements are held unlawfully, then the court shall cause the party complaining to have restitution thereof.

End

Amendment History

Laws 1968, SB 537, c. 172, § 2, eff. 1/13/1969.

Plain-English Summary

This section states the court's core power in a forcible entry and detainer case: to inquire into two different situations. One is someone who makes an unlawful and forcible entry onto land and then holds onto it. The other is someone who entered lawfully and peaceably but then holds the property unlawfully and by force. If the inquiry turns up either kind of unlawful holding, the court orders restitution -- putting the complaining party back in possession.

Frequently Asked Questions

What two situations can the court inquire into under this section?

Someone who made an unlawful, forcible entry and then holds the property, and someone who entered lawfully but is now holding it unlawfully and by force.

What does the court do if it finds an unlawful forcible entry?

It causes the complaining party to have restitution of the property.

Does this section apply to a tenant who entered peacefully but later refuses to leave?

Yes. The statute covers those who had a lawful and peaceable entry but unlawfully and by force hold the property afterward.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: court power forcible entry detainer oklahomarestitution of premises oklahoma12 O.S. § 1148.2unlawful holding of property oklahoma court