Oklahoma § 6-1310 - Lien of lessor, special remedies and proceedings for

§ 6-1310. Lien of lessor, special remedies and proceedings for

nonpayment of rent.

The lessor shall have a lien upon the contents of the lessee's

box for past due rentals and any expense incurred in opening of the

box and replacement of locks thereon where the same is done without

fault of the lessor. If the lessee fails to pay the rental due and

such default continues for sixty (60) days, the lessor may give the

lessee thirty (30) days' notice by certified mail addressed to the

lessee at the address shown on the lessor's records or the lastknown address of the lessee, stating the amount due and that on or

after the day designated in the notice it may open the box, remove

the contents thereof and hold the same for the account of the

lessee. The opening of the box shall be witnessed by not less than

two persons, one of which shall be an officer of the lessor, who

shall make an inventory under oath of the contents thereof, and

thereupon the contents shall be placed in a package and held by the

lessor as a bailee for hire. If the lessee makes no demand for the

contents within one (1) year after the same have been removed from

the box, the lessor may advertise and sell the same, the sale to be

made at the time and place designated in the notice which shall be

published in one issue of a newspaper having a general circulation

in the city or town wherein the business of the lessor is situated,

the publication to be not less than ten (10) days prior to the date

fixed for the sale. A copy of the notice shall be mailed to the

lessee at the last-known address of the lessee by certified mail.

The notice shall show the name of the lessee but it shall not be

necessary to describe the articles to be sold, except those that

have an intrinsic value, if there shall be posted, not less than ten

(10) days prior to the sale, in or about the lessor, in a

conspicuous place, a copy of the notice of sale and a copy of the

inventory made upon opening of the box. The contents of any number

of boxes may be sold under one notice of sale and the cost thereof

apportioned ratably to the several lessees involved. At the time

and place designated in the notice the contents taken from each

respective box shall be sold separately to the highest bidder for

cash and the proceeds of each sale shall be applied to the rentals

and expenses due the lessor and the residue from any sale held by

Oklahoma Statutes - Title 6. Banks and Trust Companies

the lessor for the account of the lessee. At any such sale the

lessor may be the purchaser. If any lessee or his or her heirs,

administrator or executor, shall not make demand upon the lessor

within five (5) years after the date of the sale, for such surplus,

then the surplus shall be presumed abandoned and administered in

accordance with the Uniform Unclaimed Property Act. The lessor may,

at its option, turn the property over to the State Treasurer prior

to the expiration of the five-year abandonment period.

Added by Laws 1965, c. 161, § 1310. Amended by Laws 1991, c. 331, §

47, eff. Sept. 1, 1991; Laws 1993, c. 183, § 24, eff. July 1, 1993;

Laws 1997, c. 111, § 103, eff. July 1, 1997; Laws 1999, c. 10, § 34,

eff. July 1, 1999.