Okla. Stat. tit. 41, § 41-130.1
This is the official text of Okla. Stat. tit. 41, § 41-130.1, part of Oklahoma’s Stat. tit. 41, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 41,." Browse the sections below, each linked to its official government source.
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Death of tenant - Disposition of personal property
Official statutory text
A. Upon written request of a landlord, the landlord's tenant
shall:
1. Provide the landlord with the name, address, and telephone
number of a person to contact in the event of the tenant's death;
and
2. Sign a statement authorizing the landlord in the event of
the tenant's death to:
a. grant to the person designated under paragraph 1 of
this subsection access to the premises at a reasonable
time and in the presence of the landlord or the
landlord's agent,
Oklahoma Statutes - Title 41. Landlord and Tenant Page 30
b. allow the person designated under paragraph 1 of this
subsection to remove any of the tenant's property
found at the leased premises, and
c. refund the tenant's security deposit, less lawful
deductions, to the person designated under paragraph 1
of this subsection.
B. A tenant may, without request from the landlord, provide the
landlord with the information specified in subsection A of this
section.
C. Except as provided in subsection D of this section, in the
event of the death of a tenant who is the sole occupant of a rental
dwelling:
1. The landlord may remove and store all property found in the
tenant's leased premises;
2. The landlord shall turn over possession of the property to
the person who was designated by the tenant under subsection A or B
of this section or to any other person lawfully entitled to the
property if the request is made prior to the property being
discarded pursuant to paragraph 5 of this subsection;
3. The landlord shall refund the tenant's security deposit,
less lawful deductions, including the cost of removing and storing
the property, to the person designated under subsection A or B of
this section or to any other person lawfully entitled to the refund;
4. Any person who removes property from the tenant's leased
premises shall sign an inventory of the property being removed at
the time of removal and submit the signed inventory to the landlord;
and
5. The landlord may discard the property removed by the
landlord from the tenant's leased premises if:
a. the landlord has mailed a written request by certified
mail, return receipt requested, to the person
designated under subsection A or B of this section,
requesting that the property be removed,
b. the person failed to remove the property by the
thirtieth day after the postmark date of the notice,
and
c. the landlord, prior to the date of discarding the
property, has not been contacted by anyone claiming
the property.
D. In a written lease or other agreement, a landlord and a
tenant may agree to a procedure different than the procedure in this
section for removing, storing, or disposing of property in the
leased premises of a deceased tenant.
E. If a tenant, after being furnished with a notice of request,
knowingly violates subsection A of this section by failing to
provide the required information and statement, the landlord shall
have no responsibility after the tenant's death for removal,
Oklahoma Statutes - Title 41. Landlord and Tenant Page 31
storage, disappearance, damage, or disposition of property in the
tenant's leased premises.
F. If a landlord, after being furnished with a copy of this
section, knowingly violates subsection C of this section, the
landlord shall be liable to the estate of the deceased tenant for
actual damages.
shall:
1. Provide the landlord with the name, address, and telephone
number of a person to contact in the event of the tenant's death;
and
2. Sign a statement authorizing the landlord in the event of
the tenant's death to:
a. grant to the person designated under paragraph 1 of
this subsection access to the premises at a reasonable
time and in the presence of the landlord or the
landlord's agent,
Oklahoma Statutes - Title 41. Landlord and Tenant Page 30
b. allow the person designated under paragraph 1 of this
subsection to remove any of the tenant's property
found at the leased premises, and
c. refund the tenant's security deposit, less lawful
deductions, to the person designated under paragraph 1
of this subsection.
B. A tenant may, without request from the landlord, provide the
landlord with the information specified in subsection A of this
section.
C. Except as provided in subsection D of this section, in the
event of the death of a tenant who is the sole occupant of a rental
dwelling:
1. The landlord may remove and store all property found in the
tenant's leased premises;
2. The landlord shall turn over possession of the property to
the person who was designated by the tenant under subsection A or B
of this section or to any other person lawfully entitled to the
property if the request is made prior to the property being
discarded pursuant to paragraph 5 of this subsection;
3. The landlord shall refund the tenant's security deposit,
less lawful deductions, including the cost of removing and storing
the property, to the person designated under subsection A or B of
this section or to any other person lawfully entitled to the refund;
4. Any person who removes property from the tenant's leased
premises shall sign an inventory of the property being removed at
the time of removal and submit the signed inventory to the landlord;
and
5. The landlord may discard the property removed by the
landlord from the tenant's leased premises if:
a. the landlord has mailed a written request by certified
mail, return receipt requested, to the person
designated under subsection A or B of this section,
requesting that the property be removed,
b. the person failed to remove the property by the
thirtieth day after the postmark date of the notice,
and
c. the landlord, prior to the date of discarding the
property, has not been contacted by anyone claiming
the property.
D. In a written lease or other agreement, a landlord and a
tenant may agree to a procedure different than the procedure in this
section for removing, storing, or disposing of property in the
leased premises of a deceased tenant.
E. If a tenant, after being furnished with a notice of request,
knowingly violates subsection A of this section by failing to
provide the required information and statement, the landlord shall
have no responsibility after the tenant's death for removal,
Oklahoma Statutes - Title 41. Landlord and Tenant Page 31
storage, disappearance, damage, or disposition of property in the
tenant's leased premises.
F. If a landlord, after being furnished with a copy of this
section, knowingly violates subsection C of this section, the
landlord shall be liable to the estate of the deceased tenant for
actual damages.
Status: in_force · Read it on the official government site
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