{"data":{"id":"us-ok/okla.-stat.-tit.-41-41-52","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 41, § 41-52","heading":"Abandonment or surrender of nonresidential rental property","body":"- Disposition of personal property of tenant - Notice - Storage\n\ncosts - Liability of landlord - Application of proceeds of sale.\n\nA. If a tenant abandons, surrenders possession of, or is\n\nevicted from nonresidential rental property and leaves goods,\n\nfurnishings, fixtures, or any other personal property on the\n\npremises of the nonresidential rental property, the landlord may\n\ntake possession of the personal property ten (10) days after the\n\ntenant receives personal service of notice or fifteen (15) days\n\nafter notice is mailed, whichever is latest, and if the personal\n\nproperty has no ascertainable or apparent value, the landlord may\n\ndispose of the personal property in a reasonable commercial manner.\n\nIn any such case, the landlord has the option of complying with the\n\nprovisions of subsection B of this section.\n\nB. If the tenant abandons, surrenders possession of, or is\n\nevicted from the nonresidential rental property and leaves goods,\n\nfurnishings, fixtures, or any other personal property of an\n\nascertainable or apparent value on the premises of the\n\nnonresidential rental property, the landlord may take possession of\n\nthe personal property and give notice to the tenant, demanding that\n\nthe personal property be removed within the dates set out in the\n\nnotice but not less than fifteen (15) days after delivery or mailing\n\nof such notice, and that if the personal property is not removed\n\nwithin the time specified in the notice, the landlord may sell the\n\npersonal property at a public sale. The landlord may dispose of\n\nperishable commodities in any manner the landlord considers fit.\n\nPayment by the tenant of all outstanding rent, damages, storage\n\nfees, court costs and attorneys' fees shall be a prerequisite to the\n\nreturn of the personal property. For purposes of this section,\n\nnotice sent by registered or certified mail to the tenant's last-\n\nknown address with forwarding requested shall be deemed sufficient\n\nnotice.\n\nC. After notice is given as provided in subsection B of this\n\nsection, the landlord shall store all personal property of the\n\ntenant in a place of safekeeping and shall exercise reasonable care\n\nof the personal property. The landlord shall not be responsible to\n\nthe tenant for any loss not caused by the landlord's deliberate or\n\nnegligent act. The landlord may elect to store the personal\n\nproperty on the premises of the nonresidential rental property that\n\nwas abandoned or surrendered by the tenant or from which the tenant\n\nwas evicted, in which event the storage cost may not exceed the fair\n\nrental value of the premises. If the tenant's personal property is\n\nremoved to a commercial storage company, the storage cost shall\n\ninclude the actual charge for the storage and removal from the\n\npremises to the place of storage.\n\nD. If the tenant makes timely response in writing of an\n\nintention to remove the personal property from the premises and does\n\nnot do so within the later of the time specified in the notice\n\nprovided for in subsection B of this section or within fifteen (15)\n\ndays of the delivery or mailing of the tenant's written response, it\n\nshall be conclusively presumed that the tenant abandoned the\n\npersonal property. If the tenant removes the personal property\n\nwithin the time limitations provided in this subsection, the\n\nlandlord is entitled to the cost of storage for the period during\n\nwhich the personal property remained in the landlord's safekeeping\n\nplus all other costs that accrued under the rental agreement.\n\nE. If the tenant fails to take possession of the personal\n\nproperty as prescribed in subsection D of this section and make\n\npayment of all amounts due and owing, the personal property shall be\n\ndeemed abandoned and the landlord may thereupon sell the personal\n\nproperty in any reasonable manner without liability to the tenant.\n\nF. Notice of sale shall be mailed to the owner and any other\ngreement.\n\nE. If the tenant fails to take possession of the personal\n\nproperty as prescribed in subsection D of this section and make\n\npayment of all amounts due and owing, the personal property shall be\n\ndeemed abandoned and the landlord may thereupon sell the personal\n\nproperty in any reasonable manner without liability to the tenant.\n\nF. Notice of sale shall be mailed to the owner and any other\n\nparty claiming any interest in said personal property, if known, at\n\ntheir last-known post office address, by certified or registered\n\nmail at least ten (10) days before the time specified therein for\n\nsuch sale. For purposes of this section, parties who claim an\n\ninterest in the personal property include holders of security\n\ninterests or other liens or encumbrances as shown by the records in\n\nthe office of the county clerk of the county where the lien would be\n\nforeclosed.\n\nG. The landlord or any other person may in good faith become a\n\npurchaser of the personal property sold. The landlord may dispose\n\nof any personal property upon which no bid is made at the public\n\nsale.\n\nH. The landlord may not be held to respond in damages in an\n\naction by a tenant claiming loss by reason of the landlord's\n\nelection to destroy, sell or otherwise dispose of the personal\n\nproperty in compliance with the provisions of this section. If,\n\nhowever, the landlord deliberately or negligently violated the\n\nprovisions of this section, the landlord shall be liable for actual\n\ndamages.\n\nI. Any proceeds from the sale or other disposition of the\n\npersonal property, as provided in subsection B of this section,\n\nshall be applied by the landlord in the following order:\n\n1. To the reasonable expenses of taking, holding, preparing for\n\nsale or disposition, giving notice and selling or disposing thereof;\n\n2. To the satisfaction of any properly recorded security\n\ninterest;\n\n3. To the satisfaction of any amount due from the tenant to the\n\nlandlord for rent or otherwise; and\n\n4. The balance, if any, shall be paid into court within thirty\n\n(30) days of the sale and held for six (6) months and, if not\n\nclaimed by the owner of the personal property within that period,\n\nshall escheat to the county.","path":["OK Code","Title 41"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os41.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a1d59012296380cc3397bbb2848b600a9c7dc584d99bc35f21b7b0160a6f05d7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-41-41-51","next":"us-ok/okla.-stat.-tit.-41-41-6"},"notice":"GroundRules: Original legal text. Not legal advice."}