{"data":{"id":"us-ok/okla.-stat.-tit.-42-42-197","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 42, § 42-197","heading":"Priority - Enforcement - Notice - Sale of property","body":"A. An owner's lien as provided for a claim which has become due\n\nmay be satisfied as provided by this section. The possessory lien\n\nauthorized by this section shall be prior to any previously\n\nperfected security interest in the personal property pursuant to\n\nSection 1-9-333 of Title 12A of the Oklahoma Statutes.\n\nB. No enforcement action shall be taken by the owner until the\n\noccupant has been in default continuously for a period of thirty\n\n(30) days. As used in this subsection, \"enforcement action\" shall\n\nnot include actions of the owner taken pursuant to Section 195 of\n\nthis title.\n\nC. After the occupant has been in default continuously for a\n\nperiod of thirty (30) days, the owner may begin enforcement action\n\nif the occupant has been notified in writing. Said notice shall be\n\ndelivered in person or sent by verified mail to the last-known\n\naddress of the occupant or, if mutually agreed between the owner and\n\noccupant in the rental agreement or in an addendum to the rental\n\nagreement, by electronic mail. Any lienholder with an interest in\n\nthe property to be sold or otherwise disposed of, of whom the owner\n\nhas actual knowledge, shall be included in the notice process via\n\nverified mail. If the occupant provides his or her electronic mail\n\naddress for purposes of receiving notices pursuant to this\n\nsubsection, the rental agreement or addendum to the rental agreement\n\nmust provide space for the occupant to give the name and electronic\n\nmail address of another person to whom the notice may be sent.\n\nFailure of an occupant to give the name and electronic mail address\n\nof another person shall not affect an owner's rights or remedies\n\nunder this title or under any other provision of law. The other\n\nperson, if any, does not have any rights to access the occupant's\n\nspace or to the personal property stored in the occupant's space\n\nunless expressly stated otherwise in the rental agreement or\n\naddendum to the rental agreement.\n\nD. The notice shall include:\n\n1. An itemized statement of the owner's claim showing the sum\n\ndue at the time of the notice and the date when the sum became due;\n\n2. A brief and general description of the personal property\n\nsubject to the lien. The description shall be reasonably adequate\n\nto permit the person notified to identify such property, except that\n\nany container including, but not limited to, a trunk, valise, or box\n\nthat is locked, fastened, sealed, or tied in a manner which deters\n\nimmediate access to its contents may be described as such without\n\ndescribing its contents;\n\n3. A notification of denial of access to the personal property,\n\nif such denial is permitted under the terms of the rental agreement,\n\nwhich notification shall provide the name, street address, and\n\ntelephone number of the owner or his designated agent whom the\n\noccupant may contact to respond to such notification;\n\n4. A demand for payment within a specified time not less than\n\nfifteen (15) days after delivery of the notice; and\n\n5. A conspicuous statement that, unless the claim is paid\n\nwithin the time stated in the notice, the personal property will be\n\nadvertised for sale or other disposition and will be sold or\n\notherwise disposed of at a specified time and place.\n\nE. Any notice made pursuant to this section by verified mail\n\nshall be presumed delivered when it is deposited with the United\n\nStates Postal Service or a private delivery service and properly\n\naddressed with postage prepaid. Any electronic mail notice made\n\npursuant to this section shall be presumed delivered when it is sent\n\nand properly addressed and does not return as unavailable. If an\n\nelectronic mail is returned as unavailable, notice shall be given by\n\nverified mail.\n\nF. After the expiration of the time given in the notice, an\n\nadvertisement of the sale or other disposition shall be published\n\nonce in a newspaper of general circulation in the county where the\nsection shall be presumed delivered when it is sent\n\nand properly addressed and does not return as unavailable. If an\n\nelectronic mail is returned as unavailable, notice shall be given by\n\nverified mail.\n\nF. After the expiration of the time given in the notice, an\n\nadvertisement of the sale or other disposition shall be published\n\nonce in a newspaper of general circulation in the county where the\n\nself-service storage facility is located.\n\nG. The advertisement prescribed by subsection F of this section\n\nshall include:\n\n1. A brief and general description of the personal property\n\nreasonably adequate to permit its identification as provided in\n\nparagraph 2 of subsection D of this section, the address of the\n\nself-service storage facility and the number, if any, of the space\n\nwhere the personal property is located, and the name of the occupant\n\nand his last-known address; or\n\n2. The time, place, and manner of the sale or other\n\ndisposition. The sale or other disposition shall take place not\n\nsooner than fifteen (15) days after the publication.\n\nIf there is no newspaper of general circulation in the county\n\nwhere the self-service storage facility is located, the\n\nadvertisement shall be posted at least ten (10) days before the date\n\nof the sale or other disposition in not less than six conspicuous\n\nplaces in the neighborhood where the self-service storage facility\n\nis located and published one time in a legal newspaper in an\n\nadjoining county of this state, which newspaper has general\n\ncirculation in the county or political subdivision in which such\n\nnotice is required.\n\nH. Any sale or other disposition of the personal property shall\n\nconform to the terms of the notification as provided for in this\n\nsection.\n\nI. Any sale or other disposition of the personal property shall\n\nbe held online, at the self-service storage facility or at the\n\nnearest suitable place to where the personal property is held or\n\nstored.\n\nJ. Before any sale or other disposition of personal property\n\npursuant to this section, the occupant may pay the amount necessary\n\nto satisfy the lien and the reasonable expenses incurred under this\n\nsection and thereby redeem the personal property. Upon receipt of\n\nsuch payment, the owner shall return the personal property, and\n\nthereafter the owner shall have no liability to any person with\n\nrespect to such personal property.\n\nK. A purchaser in good faith of the personal property sold to\n\nsatisfy a lien as provided in this act takes the property free of\n\nany rights of persons against whom the lien was valid and free of\n\nany rights of a secured creditor, despite noncompliance by the owner\n\nwith the requirements of this section.\n\nL. In the event of a sale under this section, the owner may\n\nsatisfy his lien from the proceeds of the sale.\n\nM. If the proceeds from sale of the property are less than the\n\namount required to pay the obligation secured by the lien, the owner\n\nmay pursue a deficiency against the tenant. If the proceeds from\n\nsale of the property are more than the amount required to pay the\n\nobligation secured by the owner's lien, the owner shall hold the\n\nexcess proceeds for a period of ninety (90) days from the date of\n\nthe sale. During this period, any persons, including the tenant,\n\nclaiming an interest in the excess proceeds from the sale of the\n\nproperty shall present adequate proof of their claim to the owner.\n\nAfter the expiration of the ninety-day period, the owner shall make\n\nsuch distribution of the excess proceeds as is required based upon\n\nthe claims presented. If after making distribution of the proceeds\n\nas prescribed by this subsection there are any remaining proceeds,\n\nthe excess proceeds shall be presumed abandoned and administered in\n\naccordance with the Uniform Unclaimed Property Act.\n\nN. If the requirements of the Self-Service Storage Facility\n\nLien Act are not satisfied, if the sale of the personal property is\nd based upon\n\nthe claims presented. If after making distribution of the proceeds\n\nas prescribed by this subsection there are any remaining proceeds,\n\nthe excess proceeds shall be presumed abandoned and administered in\n\naccordance with the Uniform Unclaimed Property Act.\n\nN. If the requirements of the Self-Service Storage Facility\n\nLien Act are not satisfied, if the sale of the personal property is\n\nnot in conformity with the notice of sale, or if there is a willful\n\nviolation of this act, nothing in this section affects the rights\n\nand liabilities of the owner, the occupant, or any other person.\n\nO. Any purchaser of personal property sold pursuant to this\n\nsection for which a certificate of title has been issued by the\n\nOklahoma Tax Commission shall obtain a certificate of title to be\n\nissued in the purchaser's name in the same manner as provided by law\n\nfor the issuance of a certificate of title for property requiring a\n\ncertificate of title sold pursuant to the provisions of Sections 91\n\nthrough 102 of this title.","path":["OK Code","Title 42"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os42.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2f8d12d12d1a70064b576b13d892d77ba8bd1cf867db04432abe2642d74d3785","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-42-42-196","next":"us-ok/okla.-stat.-tit.-42-42-197.1"},"notice":"GroundRules: Original legal text. Not legal advice."}