Oklahoma
§41-52.
A. If a tenant abandons, surrenders possession of, or is evicted from
nonresidential rental property and leaves goods, furnishings,
fixtures, or any other personal property on the premises of the
nonresidential rental property, the landlord may take possession of
the personal property ten (10) days after the tenant receives personal
service of notice or fifteen (15) days after notice is mailed,
whichever is latest, and if the personal property has no ascertainable
or apparent value, the landlord may dispose of the personal property
in a reasonable commercial manner. In any such case, the landlord has
the option of complying with the provisions of subsection B of this
section.
B. If the tenant abandons, surrenders possession of, or is evicted
from the nonresidential rental property and leaves goods, furnishings,
fixtures, or any other personal property of an ascertainable or
apparent value on the premises of the nonresidential rental property,
the landlord may take possession of the personal property and give
notice to the tenant, demanding that the personal property be removed
within the dates set out in the notice but not less than fifteen (15)
days after delivery or mailing of such notice, and that if the
personal property is not removed within the time specified in the
notice, the landlord may sell the personal property at a public sale.
The landlord may dispose of perishable commodities in any manner the
landlord considers fit. Payment by the tenant of all outstanding rent,
damages, storage fees, court costs and attorneys' fees shall be a
prerequisite to the return of the personal property. For purposes of
this section, notice sent by registered or certified mail to the
tenant's last-known address with forwarding requested shall be deemed
sufficient notice.
C. After notice is given as provided in subsection B of this section,
the landlord shall store all personal property of the tenant in a
place of safekeeping and shall exercise reasonable care of the
personal property. The landlord shall not be responsible to the tenant
for any loss not caused by the landlord's deliberate or negligent act.
The landlord may elect to store the personal property on the premises
of the nonresidential rental property that was abandoned or
surrendered by the tenant or from which the tenant was evicted, in
which event the storage cost may not exceed the fair rental value of
the premises. If the tenant's personal property is removed to a
commercial storage company, the storage cost shall include the actual
charge for the storage and removal from the premises to the place of
storage.
D. If the tenant makes timely response in writing of an intention to
remove the personal property from the premises and does not do so
within the later of the time specified in the notice provided for in
subsection B of this section or within fifteen (15) days of the
delivery or mailing of the tenant's written response, it shall be
conclusively presumed that the tenant abandoned the personal property.
If the tenant removes the personal property within the time
limitations provided in this subsection, the landlord is entitled to
the cost of storage for the period during which the personal property
remained in the landlord's safekeeping plus all other costs that
accrued under the rental agreement.
E. If the tenant fails to take possession of the personal property as
prescribed in subsection D of this section and make payment of all
amounts due and owing, the personal property shall be deemed
abandoned
and the landlord may thereupon sell the personal property in any
reasonable manner without liability to the tenant.
F. Notice of sale shall be mailed to the owner and any other party
claiming any interest in said personal property, if known, at their
last-known post office address, by certified or registered mail at
least ten (10) days before the time specified therein for such sale.
For purposes of this section, parties who claim an interest in the
personal property include holders of security interests or other liens
or encumbrances as shown by the records in the office of the county
clerk of the county where the lien would be foreclosed.
G. The landlord or any other person may in good faith become a
purchaser of the personal property sold. The landlord may dispose of
any personal property upon which no bid is made at the public sale.
H. The landlord may not be held to respond in damages in an action by
a tenant claiming loss by reason of the landlord's election to
destroy, sell or otherwise dispose of the personal property in
compliance with the provisions of this section. If, however, the
landlord deliberately or negligently violated the provisions of this
section, the landlord shall be liable for actual damages.
I. Any proceeds from the sale or other disposition of the personal
property, as provided in subsection B of this section, shall be
applied by the landlord in the following order:
1. To the reasonable expenses of taking, holding, preparing for sale
or disposition, giving notice and selling or disposing thereof;
2. To the satisfaction of any properly recorded security interest;
3. To the satisfaction of any amount due from the tenant to the
landlord for rent or otherwise; and
4. The balance, if any, shall be paid into court within thirty (30)
days of the sale and held for six (6) months and, if not claimed by
the owner of the personal property within that period, shall escheat
to the county.
A. If a tenant abandons, surrenders possession of, or is evicted from
nonresidential rental property and leaves goods, furnishings,
fixtures, or any other personal property on the premises of the
nonresidential rental property, the landlord may take possession of
the personal property ten (10) days after the tenant receives personal
service of notice or fifteen (15) days after notice is mailed,
whichever is latest, and if the personal property has no ascertainable
or apparent value, the landlord may dispose of the personal property
in a reasonable commercial manner. In any such case, the landlord has
the option of complying with the provisions of subsection B of this
section.
B. If the tenant abandons, surrenders possession of, or is evicted
from the nonresidential rental property and leaves goods, furnishings,
fixtures, or any other personal property of an ascertainable or
apparent value on the premises of the nonresidential rental property,
the landlord may take possession of the personal property and give
notice to the tenant, demanding that the personal property be removed
within the dates set out in the notice but not less than fifteen (15)
days after delivery or mailing of such notice, and that if the
personal property is not removed within the time specified in the
notice, the landlord may sell the personal property at a public sale.
The landlord may dispose of perishable commodities in any manner the
landlord considers fit. Payment by the tenant of all outstanding rent,
damages, storage fees, court costs and attorneys' fees shall be a
prerequisite to the return of the personal property. For purposes of
this section, notice sent by registered or certified mail to the
tenant's last-known address with forwarding requested shall be deemed
sufficient notice.
C. After notice is given as provided in subsection B of this section,
the landlord shall store all personal property of the tenant in a
place of safekeeping and shall exercise reasonable care of the
personal property. The landlord shall not be responsible to the tenant
for any loss not caused by the landlord's deliberate or negligent act.
The landlord may elect to store the personal property on the premises
of the nonresidential rental property that was abandoned or
surrendered by the tenant or from which the tenant was evicted, in
which event the storage cost may not exceed the fair rental value of
the premises. If the tenant's personal property is removed to a
commercial storage company, the storage cost shall include the actual
charge for the storage and removal from the premises to the place of
storage.
D. If the tenant makes timely response in writing of an intention to
remove the personal property from the premises and does not do so
within the later of the time specified in the notice provided for in
subsection B of this section or within fifteen (15) days of the
delivery or mailing of the tenant's written response, it shall be
conclusively presumed that the tenant abandoned the personal property.
If the tenant removes the personal property within the time
limitations provided in this subsection, the landlord is entitled to
the cost of storage for the period during which the personal property
remained in the landlord's safekeeping plus all other costs that
accrued under the rental agreement.
E. If the tenant fails to take possession of the personal property as
prescribed in subsection D of this section and make payment of all
amounts due and owing, the personal property shall be deemed
abandoned
and the landlord may thereupon sell the personal property in any
reasonable manner without liability to the tenant.
F. Notice of sale shall be mailed to the owner and any other party
claiming any interest in said personal property, if known, at their
last-known post office address, by certified or registered mail at
least ten (10) days before the time specified therein for such sale.
For purposes of this section, parties who claim an interest in the
personal property include holders of security interests or other liens
or encumbrances as shown by the records in the office of the county
clerk of the county where the lien would be foreclosed.
G. The landlord or any other person may in good faith become a
purchaser of the personal property sold. The landlord may dispose of
any personal property upon which no bid is made at the public sale.
H. The landlord may not be held to respond in damages in an action by
a tenant claiming loss by reason of the landlord's election to
destroy, sell or otherwise dispose of the personal property in
compliance with the provisions of this section. If, however, the
landlord deliberately or negligently violated the provisions of this
section, the landlord shall be liable for actual damages.
I. Any proceeds from the sale or other disposition of the personal
property, as provided in subsection B of this section, shall be
applied by the landlord in the following order:
1. To the reasonable expenses of taking, holding, preparing for sale
or disposition, giving notice and selling or disposing thereof;
2. To the satisfaction of any properly recorded security interest;
3. To the satisfaction of any amount due from the tenant to the
landlord for rent or otherwise; and
4. The balance, if any, shall be paid into court within thirty (30)
days of the sale and held for six (6) months and, if not claimed by
the owner of the personal property within that period, shall escheat
to the county.
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