Proceedings under this act may be had in all cases against tenants holding over their terms and, incident thereto, to determine whether or not tenants are holding over their terms; in sales or real estate on executions, orders or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which such sale was made; in sales by executors, administrators, guardians and on partition, where any of the parties to the partition were in possession at the commencement of the suit, after such sales, so made, on execution or otherwise, shall have been examined by the proper court, and the same by said court, adjudged valid; and in cases where the defendant is a settler or occupier of lands and tenements without color of title, and to which the complainant has the right of possession. This section is not to be construed as limiting the provisions of the preceding section.
§ 1148.3.Extent of Jurisdiction
Chapter 20: Actions Regarding Real Property · Last amended October 1, 1978 · Last verified August 3, 2026
In one sentenceSection 1148.3 extends forcible entry and detainer jurisdiction to tenants holding over their lease terms, buyers at execution or judicial sales where the debtor was in possession, buyers at court-approved estate or partition sales, and cases against settlers or occupiers without color of title, without limiting Section 1148.2's broader jurisdiction.
Full Text of § 1148.3
Amendment History
Laws 1968, SB 537, c. 172, § 3, eff. 1/13/1969; Amended by Laws 1978, SB 579, c. 87, § 1, eff. 10/1/1978.
Plain-English Summary
This section lists specific situations where the forcible entry and detainer procedure applies, beyond the general unlawful-entry and unlawful-holding scenarios in Section 1148.2. It reaches tenants holding over their lease term (and lets the court decide whether they're holding over). It reaches a purchaser at an execution sale or other judicial sale, where the judgment debtor was in possession when the judgment was rendered. It reaches a purchaser at a sale by an executor, administrator, guardian, or in a partition, once a court has examined and adjudged that sale valid and the parties to the partition were in possession when the suit began. And it reaches a defendant who is a settler or occupier without color of title, where the complainant has the right of possession.
The section closes by saying it doesn't limit the jurisdiction described in the preceding section -- this is an additional list, not a narrower substitute.
Frequently Asked Questions
Does this procedure work against a tenant who won't leave after the lease ends?
Yes. Section 1148.3 covers tenants holding over their terms and lets the court determine whether they are, in fact, holding over.
Can this procedure be used against a buyer at a sheriff's sale who won't vacate?
Yes, where the judgment debtor was in possession at the time of the judgment or decree that led to the sale.
What about a buyer at an estate or partition sale?
The procedure applies once the sale has been examined by the proper court and adjudged valid, and the parties to the partition were in possession when the suit began.
Does this section narrow the court's powers under Section 1148.2?
No. It expressly says it isn't to be construed as limiting the provisions of the preceding section.
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: holdover tenant forcible detainer oklahomaexecution sale possession jurisdiction oklahoma12 O.S. § 1148.3occupier without color of title oklahoma