Okla. Stat. tit. 42, § 42-197

A. An owner's lien as provided for a claim which has become due

may be satisfied as provided by this section. The possessory lien

Oklahoma Statutes - Title 42. Liens Page 64

authorized by this section shall be prior to any previously

perfected security interest in the personal property pursuant to

Section 1-9-333 of Title 12A of the Oklahoma Statutes.

B. No enforcement action shall be taken by the owner until the

occupant has been in default continuously for a period of thirty

(30) days. As used in this subsection, "enforcement action" shall

not include actions of the owner taken pursuant to Section 195 of

this title.

C. After the occupant has been in default continuously for a

period of thirty (30) days, the owner may begin enforcement action

if the occupant has been notified in writing. Said notice shall be

delivered in person or sent by verified mail to the last-known

address of the occupant or, if mutually agreed between the owner and

occupant in the rental agreement or in an addendum to the rental

agreement, by electronic mail. Any lienholder with an interest in

the property to be sold or otherwise disposed of, of whom the owner

has actual knowledge, shall be included in the notice process via

verified mail. If the occupant provides his or her electronic mail

address for purposes of receiving notices pursuant to this

subsection, the rental agreement or addendum to the rental agreement

must provide space for the occupant to give the name and electronic

mail address of another person to whom the notice may be sent.

Failure of an occupant to give the name and electronic mail address

of another person shall not affect an owner's rights or remedies

under this title or under any other provision of law. The other

person, if any, does not have any rights to access the occupant's

space or to the personal property stored in the occupant's space

unless expressly stated otherwise in the rental agreement or

addendum to the rental agreement.

D. The notice shall include:

1. An itemized statement of the owner's claim showing the sum

due at the time of the notice and the date when the sum became due;

2. A brief and general description of the personal property

subject to the lien. The description shall be reasonably adequate

to permit the person notified to identify such property, except that

any container including, but not limited to, a trunk, valise, or box

that is locked, fastened, sealed, or tied in a manner which deters

immediate access to its contents may be described as such without

describing its contents;

3. A notification of denial of access to the personal property,

if such denial is permitted under the terms of the rental agreement,

which notification shall provide the name, street address, and

telephone number of the owner or his designated agent whom the

occupant may contact to respond to such notification;

4. A demand for payment within a specified time not less than

fifteen (15) days after delivery of the notice; and

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5. A conspicuous statement that, unless the claim is paid

within the time stated in the notice, the personal property will be

advertised for sale or other disposition and will be sold or

otherwise disposed of at a specified time and place.

E. Any notice made pursuant to this section by verified mail

shall be presumed delivered when it is deposited with the United

States Postal Service or a private delivery service and properly

addressed with postage prepaid. Any electronic mail notice made

pursuant to this section shall be presumed delivered when it is sent

and properly addressed and does not return as unavailable. If an

electronic mail is returned as unavailable, notice shall be given by

verified mail.

F. After the expiration of the time given in the notice, an

advertisement of the sale or other disposition shall be published

once in a newspaper of general circulation in the county where the
section shall be presumed delivered when it is sent

and properly addressed and does not return as unavailable. If an

electronic mail is returned as unavailable, notice shall be given by

verified mail.

F. After the expiration of the time given in the notice, an

advertisement of the sale or other disposition shall be published

once in a newspaper of general circulation in the county where the

self-service storage facility is located.

G. The advertisement prescribed by subsection F of this section

shall include:

1. A brief and general description of the personal property

reasonably adequate to permit its identification as provided in

paragraph 2 of subsection D of this section, the address of the

self-service storage facility and the number, if any, of the space

where the personal property is located, and the name of the occupant

and his last-known address; or

2. The time, place, and manner of the sale or other

disposition. The sale or other disposition shall take place not

sooner than fifteen (15) days after the publication.

If there is no newspaper of general circulation in the county

where the self-service storage facility is located, the

advertisement shall be posted at least ten (10) days before the date

of the sale or other disposition in not less than six conspicuous

places in the neighborhood where the self-service storage facility

is located and published one time in a legal newspaper in an

adjoining county of this state, which newspaper has general

circulation in the county or political subdivision in which such

notice is required.

H. Any sale or other disposition of the personal property shall

conform to the terms of the notification as provided for in this

section.

I. Any sale or other disposition of the personal property shall

be held online, at the self-service storage facility or at the

nearest suitable place to where the personal property is held or

stored.

J. Before any sale or other disposition of personal property

pursuant to this section, the occupant may pay the amount necessary

to satisfy the lien and the reasonable expenses incurred under this

section and thereby redeem the personal property. Upon receipt of

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such payment, the owner shall return the personal property, and

thereafter the owner shall have no liability to any person with

respect to such personal property.

K. A purchaser in good faith of the personal property sold to

satisfy a lien as provided in this act takes the property free of

any rights of persons against whom the lien was valid and free of

any rights of a secured creditor, despite noncompliance by the owner

with the requirements of this section.

L. In the event of a sale under this section, the owner may

satisfy his lien from the proceeds of the sale.

M. If the proceeds from sale of the property are less than the

amount required to pay the obligation secured by the lien, the owner

may pursue a deficiency against the tenant. If the proceeds from

sale of the property are more than the amount required to pay the

obligation secured by the owner's lien, the owner shall hold the

excess proceeds for a period of ninety (90) days from the date of

the sale. During this period, any persons, including the tenant,

claiming an interest in the excess proceeds from the sale of the

property shall present adequate proof of their claim to the owner.

After the expiration of the ninety-day period, the owner shall make

such distribution of the excess proceeds as is required based upon

the claims presented. If after making distribution of the proceeds

as prescribed by this subsection there are any remaining proceeds,

the excess proceeds shall be presumed abandoned and administered in

accordance with the Uniform Unclaimed Property Act.

N. If the requirements of the Self-Service Storage Facility

Lien Act are not satisfied, if the sale of the personal property is
d based upon

the claims presented. If after making distribution of the proceeds

as prescribed by this subsection there are any remaining proceeds,

the excess proceeds shall be presumed abandoned and administered in

accordance with the Uniform Unclaimed Property Act.

N. If the requirements of the Self-Service Storage Facility

Lien Act are not satisfied, if the sale of the personal property is

not in conformity with the notice of sale, or if there is a willful

violation of this act, nothing in this section affects the rights

and liabilities of the owner, the occupant, or any other person.

O. Any purchaser of personal property sold pursuant to this

section for which a certificate of title has been issued by the

Oklahoma Tax Commission shall obtain a certificate of title to be

issued in the purchaser's name in the same manner as provided by law

for the issuance of a certificate of title for property requiring a

certificate of title sold pursuant to the provisions of Sections 91

through 102 of this title.