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ENGROSSED HOUSE
BILL NO. 2390 By: Hall and Hill of the House
and
Hines of the Senate
An Act relating to liens; amending 42 O.S. 2021,
Sections 196 and 197.1, which relate to the Self -
Service Storage Facility Lien Act; allowing rental
agreements to be delivered and accepted
electronically; updating terms; providing that
continued payment shall be deemed the acceptance of a
rental agreement in certain circumstances; providing
timeline for taking possession of storage unit s and
disposing or selling certain property; establishing
notice requirements; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 42 O.S. 2021, Section 196, is
amended to read as follows:
Section 196. A. Where a rental agreement, as defined in
Section 192 of this title, is entered into between the owner and the
occupant, the owner of a self -service storage facility and his or
her heirs, executors, administrators, successors, and assigns h ave a
lien upon all personal property located at the self -service storage
facility for rent, late fees, labor, or other charges, present or
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future, in relation to the personal property and for expenses
necessary for its preservation or expenses reasonably incurred in
its sale or other disposition pursuant to the Self -Service Storage
Facility Lien Act. A rental agreement may be delivered and accepted
electronically.
B. The lien attaches as of the date the personal property is
brought to the self-service storage facility and continues so long
as the owner retains possession and until the defaul t is corrected,
or a sale is conducted, or the property is otherwise disposed of to
satisfy the lien.
C. A facility or unit owner may charge a tenant a reasonable
late fee for each period that the tenant does not pay rent due under
the rental agreement. The amount of the late fee and the conditions
for imposing such a fee shall be stated in the rental agreement or
in an addendum to the agreement. For purposes of this subsection, a
late fee not to exceed the greater of Twenty Dollars ($20.00) or
twenty percent (20%) of unpaid rent is considered reasonable.
D. The rental agreement shall contain a provision directing the
occupant to disclose any lienholders with an inte rest in property
that is or will be stored in a self -service storage facility.
E. If the personal property is a vehicle, watercraft or trailer
and rent and other charges remain unpaid the occupant is in default
for sixty (60) days, the facility owner may have the vehicle,
watercraft or trailer towed from the self -service storage facility.
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If the vehicle, watercraft or trailer is towed from the self -service
storage facility, the facility owner shall not be liable for the
vehicle, watercraft or trailer or f or any damages to the vehicle,
watercraft or trailer once the towing company takes possession of
the property.
F. If within thirty (30) days of the delivery of a written
rental agreement from the owner to the occupant by hand delivery,
first-class mail, or, if mutually agreed upon between the owner and
occupant in the rental agreement or in a n addendum to the rental
agreement, by electronic mail, the occupant fails to sign such
rental agreement, the occupant's payment of rent or continued use of
the storage space shall be deemed an acceptance of the rental
agreement and such rental agreement shall be enforceable against the
occupant as if it had been signed by the occupant.
SECTION 2. AMENDATORY 42 O.S. 2021, Section 197.1, is
amended to read as follows:
Section 197.1. A. If the occupant abandons or surrenders
possession of the self-service storage facility and leaves has left
household goods, furnishings, fixtures, or any other personal
property in the self -service storage facili ty at the end of the
rental agreement, the owner may take possession of the property, and
if, in the judgment of the owner, the property has no ascertainable
or apparent value, the owner may dispose of the property without any
duty of accounting or any lia bility to any party.
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B. If the occupant abandons or surrenders possession of the
self-service storage facility and leaves has left household goods,
furnishings, fixtures, or any other personal property in the self -
service storage facility for a period of thirty (30) days or longer
following the end of the rental agreement , the owner may take
possession of the property, and if, in the judgment of the owner the
property has an ascertainable or apparent value, such property left
with the owner for a period of thirty (30) days or longer shall be
conclusively determined to be abandoned and as such the owner may
dispose of said property in any manner which he or she deems
reasonable and proper without liability to the occupant or any other
interested party; howev er, before the property is disposed of, the
owner shall provide written notice to the occupant, by certified
mail with return receipt requested or by verified mail, and the
owner may dispose of the property fifteen (15) days after the owner
receives the return receipt document or fifteen (15) days after the
owner receives a communication from the United States Post Office
that the written notice was not claimed by the addressee, whichever
period occurs first has delivered the notice .
SECTION 3. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate