§ 1148.7.Jury Trial - Trial By Court

Chapter 20: Actions Regarding Real Property · Last amended November 1, 2024 · Last verified August 3, 2026

In one sentenceSection 1148.7 reserves jury trials for the joined rent, damages, or landlord-tenant claims -- never for the forcible entry and detention claim itself -- and requires the eviction claim to be severed into its own non-jury trial whenever a jury is demanded on the joined claims.

Full Text of § 1148.7

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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.

End

Amendment History

Amended by Laws 2024, c. 110, s. 1, eff. 11/1/2024. Laws 1968, SB 537, c. 172, § 7, eff. 1/13/1969.

Plain-English Summary

A jury trial is available only for claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act -- never for the forcible entry and detention claim. When a suit joins an eviction claim with one of those rent, damages, or landlord-tenant claims and a party demands a jury, the eviction claim gets severed out and tried separately, without a jury, while the other claim goes to the jury.

For the claims where a jury trial is an option, if neither side demands one by the day of trial, the court tries the case itself.

Frequently Asked Questions

Can I get a jury trial on the eviction itself?

No. Section 1148.7 says a jury trial is never an option for forcible entry and detention actions.

What claims can go to a jury?

Claims for the collection of rent, damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act.

What happens if a jury trial is demanded when an eviction claim is joined with a rent claim?

The forcible entry and detention claim is severed out and gets its own non-jury trial, separate from the claim going to the jury.

What if neither side asks for a jury?

The court tries the case itself.

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: jury trial eviction oklahomaforcible entry detainer no jury oklahoma12 O.S. § 1148.7severed trial rent claim eviction oklahoma