Oklahoma 2025 Regular Session

Oklahoma House Bill HB2390 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2390 Page 1 1
	3	+	HB2390 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2390 By: Hall and Hill of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2390 By: Hall and Hill of the House
30	38
31	39		and
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33	41		Hines of the Senate
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	49	+	COMMITTEE SUBSTITUTE
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42	51		An Act relating to liens; amending 42 O.S. 2021,
43	52		Sections 196 and 197.1, which relate to the Self -
44		-	Service Storage Facility Lien Act; ~~allowing rental~~
45		-	~~agreements to~~ be delivered and accepted
	53	+	Service Storage Facility Lien Act; providing that a
	54	+	rental agreement may be delivered and accepted
46	55		electronically; updating terms; providing that
47	56		continued payment shall be deemed the acceptance of a
48	57		rental agreement in certain circumstances; providing
49		-	timeline for taking possession of storage unit s and
50		-	disposing or selling certain property; establishing
51		-	notice requirements; and providing an effective date.
	58	+	timeline of taking possession of a storage unit and
	59	+	disposing of certain property; providing timeline of
	60	+	taking possession of a storage unit and selling of
	61	+	property; providing notice requirements; and
	62	+	providing an effective date.
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58	69		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	70		SECTION 1. AMENDATORY 42 O.S. 2021, Section 196, is
60	71		amended to read as follows:
61		-	Section 196. A. Where a rental agreement, as defined in
62		-	Section 192 of this title, is entered into between the owner and the
63		-	occupant, the owner of a self -service storage facility and his or
64		-	her heirs, executors, administrators, successors, and assigns h ave a
65		-	lien upon all personal property located at the self -service storage
66		-	facility for rent, late fees, labor, or other charges, present or
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68		-	ENGR. H. B. NO. 2390 Page 2 1
	73	+	HB2390 HFLR Page 2
	74	+	BOLD FACE denotes Committee Amendments. 1
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	99	+	Section 196. A. Where a rental agreement, as defined in
	100	+	Section 192 of this title, is entered into between the owner and the
	101	+	occupant, the owner of a self -service storage facility and his or
	102	+	her heirs, executors, administrators, successors, and assigns have a
	103	+	lien upon all personal property located at the self -service storage
	104	+	facility for rent, l ate fees, labor, or other charges, present or
93	105		future, in relation to the personal property and for expenses
94	106		necessary for its preservation or expenses reasonably incurred in
95	107		its sale or other disposition pursuant to the Self -Service Storage
96	108		Facility Lien Act. A rental agreement may be delivered and accepted
97	109		electronically.
98	110		B. The lien attaches as of the date the personal property is
99	111		brought to the self-service storage facility and continues so long
100	112		as the owner retains possession and until the default is corrected,
101	113		or a sale is conducted, or the property is otherwise disposed of to
102	114		satisfy the lien.
103	115		C. A facility or unit owner may charge a tenant a reasonable
104	116		late fee for each peri od that the tenant does not pay rent due under
105	117		the rental agreement. The amount of the late fee and the conditions
106	118		for imposing such a fee shall be stated in the rental agreement or
107	119		in an addendum to the agreement. For purposes of this subsection, a
108	120		late fee not to exceed the greater of Twenty Dollars ($20.00) or
109	121		twenty percent (20%) of unpaid rent is considered reasonable.
110		-	D. The rental agreement shall contain a provision directing the
111		-	occupant to disclose any lienholders with an inte rest in property
112		-	that is or will be stored in a self -service storage facility.
113		-	E. If the personal property is a vehicle, watercraft or trailer
114		-	and rent and other charges remain unpaid the occupant is in default
115		-	for sixty (60) days, the facility owner may have the vehicle,
116		-	watercraft or trailer towed from the self -service storage facility.
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118		-	ENGR. H. B. NO. 2390 Page 3 1
	123	+	HB2390 HFLR Page 3
	124	+	BOLD FACE denotes Committee Amendments. 1
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	149	+	D. The rental agreement shall contain a provision directing the
	150	+	occupant to disclose any lienholders with an interest in property
	151	+	that is or will be stored in a self -service storage facility.
	152	+	E. If the personal property is a vehicle, watercraft or trailer
	153	+	and rent and other charges remain unpaid the occupant is in default
	154	+	for sixty (60) days, the facility owner may have the vehicle,
	155	+	watercraft or trailer towed from the self -service storage facility.
143	156		If the vehicle, watercraft or trailer is towed from the self -service
144	157		storage facility, the facility owner shall not be liable for the
145	158		vehicle, watercraft or trailer or for any damages to t he vehicle,
146	159		watercraft or trailer once the towing company takes possession of
147	160		the property.
148	161		F. If within thirty (30) days of the delivery of a written
149	162		rental agreement from the owner to the occupant by hand delivery,
150		-	first-class mail, or, if mutually ~~agreed upon~~ between the owner and
	163	+	first-class mail, or, if mutually agre ed between the owner and
151	164		occupant in the rental agreement or in an addendum to the rental
152	165		agreement, by electronic mail, the occupant fails to sign such
153	166		rental agreement, the occupant's payment of rent or continued use of
154	167		the storage space shall be deemed an acceptance of the rental
155	168		agreement and such rental agreement shall be enforceable against the
156	169		occupant as if it had been signed by the occupant.
157	170		SECTION 2. AMENDATORY 42 O.S. 2021, Section 197.1, is
158	171		amended to read as follows:
159		-	Section 197.1. A. If the occupant abandons or surrenders
160		-	possession of the self-service storage facility and leaves has left
161		-	household goods, furnishings, fixtures, or any other personal
162		-	property in the self -service storage facili ty at the end of the
163		-	rental agreement, the owner may take possession of the property, and
164		-	if, in the judgment of the owner, the property has no ascertainable
165		-	or apparent value, the owner may dispose of the property without any
166		-	duty of accounting or any lia bility to any party.
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168		-	ENGR. H. B. NO. 2390 Page 4 1
	173	+	HB2390 HFLR Page 4
	174	+	BOLD FACE denotes Committee Amendments. 1
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	199	+	Section 197.1. A. If the occupant abandons or surrenders
	200	+	possession of the self-service storage facility and leaves has left
	201	+	household goods, furnishings, fixtures, or any other personal
	202	+	property in the self -service storage facility at the end of the
	203	+	rental agreement, the owner may take possession of the property, and
	204	+	if, in the judgment of the owner, the property has no ascertainable
	205	+	or apparent value, the owner may dispose of the property without any
	206	+	duty of accounting or any liability to any party.
193	207		B. If the occupant abandons or surrenders possession of the
194	208		self-service storage facility and leaves has left household goods,
195	209		furnishings, fixtures, or any other personal property in the self -
196	210		service storage facility for a period of thirty (30) days or long er
197	211		following the end of the rental agreement , the owner may take
198	212		possession of the property, and if, in the judgment of the owner the
199	213		property has an ascertainable or apparent value, such property left
200	214		with the owner for a period of thirty (30) days or lon ger shall be
201	215		conclusively determined to be abandoned and as such the owner may
202	216		dispose of said property in any manner which he or she deems
203	217		reasonable and proper without liability to the occupant or any other
204	218		interested party; however, before the property is disposed of, the
205	219		owner shall provide written notice to the occupant, by certified
206	220		mail with return receipt requested or by verified mail, and the
207	221		owner may dispose of the property fifteen (15) days after the owner
208	222		receives the return receipt document or fifteen (15) days after the
209		-	owner receives a communication from the United States Post Office
210		-	that the written notice was not claimed by the addressee, whichever
211		-	period occurs first has delivered the notice .
212		-	SECTION 3. This act shall become effective November 1, 2025.
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214		-	ENGR. H. B. NO. 2390 Page 5 1
	224	+	HB2390 HFLR Page 5
	225	+	BOLD FACE denotes Committee Amendments. 1
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239		-	Passed the House of Representatives the 13th day of March, 2025.
	250	+	owner receives a communication from the United States Post Office
	251	+	that the written notice was not claimed by the addressee, whichever
	252	+	period occurs first has delivered the notice .
	253	+	SECTION 3. This act shall beco me effective November 1, 2025.
	254	+
	255	+	COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
	256	+	OVERSIGHT, dated 03/03/2025 - DO PASS, As Amended and Coauthored.
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244		-	Presiding Officer of the House
245		-	of Representatives
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248		-	Passed the Senate the _____ day of __________, 2025.
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253		-	Presiding Officer of the Senate