A. If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord, the property has no ascertainable or apparent value, the landlord may dispose of the property without any duty of accounting or any liability to any party. The landlord may dispose of perishable property in any manner the landlord considers fit.
B. If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in or around the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord the property has an ascertainable or apparent value, the landlord shall provide written notice to the tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned. Any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the landlord may dispose of said property in any manner which he or she deems reasonable and proper without liability to the tenant or any other interested party.
C. The landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the 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 property in the dwelling unit that was abandoned or surrendered by the tenant, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's 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 removes the personal property within the time limitations provided in this section, the landlord is entitled to the cost of storage for the period during which the property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement.
E. 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 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.
Added by Laws 1978, c. 257, § 30, eff. Oct. 1, 1978. Amended by Laws 1983, c. 273, § 12, operative July 1, 1983; Laws 1987, c. 218, § 1, eff. Nov. 1, 1987; Laws 1988, c. 138, § 3, eff. Nov. 1, 1988; Laws 1989, c. 347, § 3, eff. Nov. 1, 1989; Laws 1990, c. 88, § 1, eff. Sept. 1, 1990; Laws 1995, c. 149, § 5, eff. Nov. 1, 1995; Laws 1999, c. 212, § 2, eff. Nov. 1, 1999; Laws 2019, c. 61, § 1, eff. Nov. 1, 2019.
NOTE: Laws 1987, c. 181, § 10 repealed by Laws 1988, c. 138, § 4, eff. Nov. 1, 1988.
Structure Oklahoma Statutes
§41-1. Who deemed tenant at will.
§41-2. Tenant holding over as tenant at will - Expiration of unwritten contract.
§41-3. Tenant holds from one period to another, when.
§41-4. Time of notice to terminate tenancy.
§41-5. Termination of tenancy from year to year.
§41-6. Notice to quit where rent not paid.
§41-7. Notice when rent not paid under tenancy for less than three (3) months.
§41-8. Notice to quit not required, when.
§41-9. Service of notice - Termination of tenancy.
§41-10. Tenant may not assign, when.
§41-11. Landlord may reenter after unauthorized assignment.
§41-12. Attornment unnecessary to conveyance.
§41-13. Attornment to stranger void.
§41-15. Rights of alienees of lessors and lessees.
§41-16. Rents from life grants.
§41-17. Recovery of arrears of rent from life grants after death.
§41-18. Rights and liabilities of executors and administrators.
§41-19. Occupants without contract liable for rent.
§41-20. Contribution by joint tenants.
§41-21. Joint tenant may recover his share of rents.
§41-22. Recovery for waste or trespass by remainderman.
§41-23. Farm rent lien on crop.
§41-26. Purchaser of crop with notice liable for rent.
§41-27. Landlord may have attachment, when.
§41-28. Attachment for rent lien on crops.
§41-30. Taxation of improvements.
§41-33. Lease presumed to be for one year.
§41-35. Continued possession renews the lease, when.
§41-36. Renewal of lease presumed unless notice of termination given.
§41-38. Duty of tenant in case of proceedings.
§41-40. Forfeiture of lease - Release from record - Penalty.
§41-51. Abandonment or surrender of nonresidential rental property - Definitions.
§41-104. Arrangements not covered by act.
§41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.
§41-107. Good faith performance or enforcement.
§41-108. Beneficial owner to maintain premises.
§41-111. Termination of tenancy.
§41-112. Duties of parties upon termination of tenancy.
§41-113.1. Denial or termination of tenancy because of guide, signal or service dog.
§41-113.2. Assistance animal – Reasonable housing accommodation request.
§41-113.3. Victims of domestic violence, sexual violence, or stalking.
§41-113a. Disclosure of flood or flooding problems in rental agreement.
§41-114. Alienees - Rights, obligations and remedies.
§41-115. Damage or security deposits.
§41-118. Duties of landlord and tenant.
§41-119. Conveyance of property - Attornment of tenant.
§41-120. Failure of landlord to deliver possession of dwelling unit to tenant.
§41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.
§41-123. Wrongful removal or exclusion from dwelling unit.
§41-125. Defective condition of premises - Report to landlord.
§41-126. Tenant's use and occupancy of premises - Rules and regulations.
§41-129. Tenant's breach of rental agreement - Wrongful abandonment.
§41-130.1. Death of tenant - Disposition of personal property.
§41-133. Lien on tenant's property.