Okla. Stat. tit. 41 § 52

When Tenant Abandons, Surrenders Possession of, or is Evicted from Nonresidential Rental Property - Disposition of Personal Property of Tenant - Notice - Costs of Storage - Landlord Liability - Proceeds of Sale

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 11/1/1988OklahomaEviction & Just Cause

Operative Text

Okla. Stat. tit. 41 § 52
A. If a tenant abandons, surrenders possession of, or
is evicted from nonresidential rental property and leaves goods, furnishings,
fixtures, or any other personal property on the premises of the nonresidential
rental property, the landlord may take possession of the personal property ten
(10) days after the tenant receives personal service of notice or fifteen (15)
days after notice is mailed, whichever is latest, and if the personal property
has no ascertainable or apparent value, the landlord may dispose of the personal
property in a reasonable commercial manner. In any such case, the landlord has
the option of complying with the provisions of subsection B of this
section.
B. If the tenant abandons, surrenders possession of,
or is evicted from the nonresidential rental property and leaves goods,
furnishings, fixtures, or any other personal property of an ascertainable or
apparent value on the premises of the nonresidential rental property, the
landlord may take possession of the personal property and give notice to the
tenant, demanding that the personal property be removed within the dates set out
in the notice but not less than fifteen (15) days after delivery or mailing of
such notice, and that if the personal property is not removed within the time
specified in the notice, the landlord may sell the personal property at a public
sale. The landlord may dispose of perishable commodities in any manner the
landlord considers fit. Payment by the tenant of all outstanding rent, damages,
storage fees, court costs and attorneys' fees shall be a prerequisite to the
return of the personal property. For purposes of this section, notice sent by
registered or certified mail to the tenant's last-known address with forwarding
requested shall be deemed sufficient notice.
C. After notice is given as provided in subsection B
of this section, the landlord shall store all personal property of the tenant in
a place of safekeeping and shall exercise reasonable care of the personal
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 personal property on the premises of the nonresidential rental
property that was abandoned or surrendered by the tenant or from which the
tenant was evicted, in which event the storage cost may not exceed the fair
rental value of the premises. If the tenant's personal 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 makes timely response in writing of
an intention to remove the personal property from the premises and does not do
so within the later of the time specified in the notice provided for in
subsection B of this section or within fifteen (15) days of the delivery or
mailing of the tenant's written response, it shall be conclusively presumed that
the tenant abandoned the personal property. If the tenant removes the personal
property within the time limitations provided in this subsection, the landlord
is entitled to the cost of storage for the period during which the personal
property remained in the landlord's safekeeping plus all other costs that
accrued under the rental agreement.
E. If the tenant fails to take possession of the
personal property as prescribed in subsection D of this section and make payment
of all amounts due and owing, the personal property shall be deemed abandoned
and the landlord may thereupon sell the personal property in any reasonable
manner without liability to the tenant.
F. Notice of sale shall be mailed to the owner and
any other party claiming any interest in said personal property, if known, at
their last-known post office address, by certified or registered mail at least
ten (10) days before the time specified therein for such sale. For purposes of
this section, parties who claim an interest in the personal property include
holders of security interests or other liens or encumbrances as shown by the
records in the office of the county clerk of the county where the lien would be
foreclosed.
G. The landlord or any other person may in good faith
become a purchaser of the personal property sold. The landlord may dispose of
any personal property upon which no bid is made at the public sale.
H. 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 personal 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.
I. Any proceeds from the sale or other disposition of
the personal property, as provided in subsection B of this section, shall be
applied by the landlord in the following order:
1. To the reasonable expenses of taking,
holding, preparing for sale or disposition, giving notice and selling or
disposing thereof;
2. To the satisfaction of any properly
recorded security interest;
3. To the satisfaction of any amount due from
the tenant to the landlord for rent or otherwise; and
4. The balance, if any, shall be paid into
court within thirty (30) days of the sale and held for six (6) months and, if
not claimed by the owner of the personal property within that period, shall
escheat to the county.
Source: Legislative text reproduced verbatim
Plain English

Oklahoma Statutes § 41 O.S. § 52 governs what happens to personal property left behind on nonresidential rental premises after a tenant abandons, surrenders, or is evicted. Depending on whether the property has ascertainable value, the landlord must follow specific notice timelines before taking possession, storing, or selling the items at public sale. Any proceeds from a sale are applied in a set order — covering expenses, recorded security interests, and amounts owed to the landlord — with any remaining balance paid into court and held for six months before escheating to the county. Landlords who follow the statute's procedures are shielded from damages, but deliberate or negligent violations can result in liability for actual damages.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under 41 O.S. § 52, operators of nonresidential rental properties generally maintain careful records of any personal property left on premises after a tenant departs, and they observe the statute's notice requirements before taking any action — waiting at least 10 days after personal service or 15 days after mailing before taking possession. Compliant operators store property of ascertainable value in a place of safekeeping, exercise reasonable care, and track allowable storage costs, which are capped at fair rental value if the property remains on-site. When a public sale becomes necessary, landlords following § 52 send certified or registered mail notice to all known interested parties at least 10 days before the sale and apply proceeds in the order the statute prescribes, remitting any surplus to the court within 30 days.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 41 O.S. § 52 provides nonresidential tenants with notice rights before a landlord may sell or dispose of personal property left on the premises after abandonment, surrender, or eviction. A tenant who receives such a notice has the opportunity to reclaim property within the timeframe specified — though doing so requires paying all outstanding rent, damages, storage fees, court costs, and attorneys' fees — and a written statement of intent to retrieve property can extend that window. Tenants who believe a landlord has deliberately or negligently failed to follow the procedures in § 52 may have a claim for actual damages, and consulting a tenant-rights organization or legal aid service can help clarify what options may be available.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Nov 1, 1988
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

41 O.S. § 132
41 O.S. § 115
41 O.S. § 121
41 O.S. § 116
41 O.S. § 126
41 O.S. § 116
41 O.S. § 132
41 O.S. § 118
41 O.S. § 118
41 O.S. § 126
41 O.S. § 127
41 O.S. § 111

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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