Okla. Stat. tit. 41, § 41-52

- Disposition of personal property of tenant - Notice - Storage

costs - Liability of landlord - Application of proceeds of sale.

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

Oklahoma Statutes - Title 41. Landlord and Tenant Page 10

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
greement.

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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