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.
Added by Laws 1988, c. 138, § 2, 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.
§41-52. Abandonment or surrender of nonresidential rental property - Disposition of personal property of tenant - Notice - Storage costs - Liability of landlord - Application of proceeds of sale.
§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.