Oklahoma § 41-130 - Abandoning, surrendering or eviction from possession of

§ 41-130. Abandoning, surrendering or eviction from possession of

dwelling unit - Disposition of personal property.

A. If the tenant abandons or surrenders possession of the

dwelling unit or has been lawfully removed from the premises through

eviction proceedings and leaves household goods, furnishings,

fixtures, or any other personal property in the dwelling unit, the

landlord may take possession of the property, and if, in the

judgment of the landlord, the property has no ascertainable or

apparent value, the landlord may dispose of the property without any

duty of accounting or any liability to any party. The landlord may

dispose of perishable property in any manner the landlord considers

fit.

B. If the tenant abandons or surrenders possession of the

dwelling unit or has been lawfully removed from the premises through

eviction proceedings and leaves household goods, furnishings,

fixtures, or any other personal property in or around the dwelling

unit, the landlord may take possession of the property, and if, in

the judgment of the landlord the property has an ascertainable or

apparent value, the landlord shall provide written notice to the

tenant by certified mail to the last-known address that if the

property is not removed within the time specified in the notice, the

property will be deemed abandoned. Any property left with the

landlord for a period of thirty (30) days or longer shall be

conclusively determined to be abandoned and as such the landlord may

dispose of said property in any manner which he or she deems

Oklahoma Statutes - Title 41. Landlord and Tenant

reasonable and proper without liability to the tenant or any other

interested party.

C. The landlord shall store all personal property of the tenant

in a place of safekeeping and shall exercise reasonable care of the

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 property in the dwelling unit

that was abandoned or surrendered by the tenant, in which event the

storage cost may not exceed the fair rental value of the premises.

If the tenant's 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 removes the personal property within the time

limitations provided in this section, the landlord is entitled to

the cost of storage for the period during which the property

remained in the landlord's safekeeping plus all other costs that

accrued under the rental agreement.

E. 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 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.

Added by Laws 1978, c. 257, § 30, eff. Oct. 1, 1978. Amended by

Laws 1983, c. 273, § 12, operative July 1, 1983; Laws 1987, c. 218,

§ 1, eff. Nov. 1, 1987; Laws 1988, c. 138, § 3, eff. Nov. 1, 1988;

Laws 1989, c. 347, § 3, eff. Nov. 1, 1989; Laws 1990, c. 88, § 1,

eff. Sept. 1, 1990; Laws 1995, c. 149, § 5, eff. Nov. 1, 1995; Laws

1999, c. 212, § 2, eff. Nov. 1, 1999; Laws 2019, c. 61, § 1, eff.

Nov. 1, 2019.

NOTE: Laws 1987, c. 181, § 10 repealed by Laws 1988, c. 138, § 4,

eff. Nov. 1, 1988.