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An Act
ENROLLED SENATE
BILL NO. 1326 By: Coleman of the Senate
and
Hall of the House
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; permitting
electronic delivery and acceptance of rental
agreements; providing for mode of acceptance in
certain circumstance; providing timeline for disposal
and sale of certain property; providing notice
requirements; making language gender neutral;
updating statutory language; updating statutory
references; and providing an effective date.
SUBJECT: Self-Service Storage Facility Lien Act
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 have a
lien upon all personal property located at the self-service storage
facility for rent, late fees, labor, or other charges, present or
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.
ENR. S. B. NO. 1326 Page 2
B. The lien attaches as of the date the personal property is
brought to the self-service storage facility and continues so as
long as the owner retains possession and until the default 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 interest 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. 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 for any damages to
the vehicle, watercraft, or trailer once the towing company takes
possession of the property.
F. If the occupant fails to sign a rental agreement within
thirty (30) days of the delivery of the written agreement from the
owner to the occupant by in-person delivery, first-class mail to the
last-known address of the occupant, or, if mutually agreed between
the owner and occupant in the rental agreement or in an addendum to
the rental agreement, by electronic mail, the occupant’s payment of
rent or continued use of the storage space shall be deemed an
acceptance of the rental agreement. The 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:
ENR. S. B. NO. 1326 Page 3
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 facility 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 liability to any party.
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 the property in any manner which he or she deems
reasonable and proper without liability to the occupant or any other
interested party; however, before the property is disposed of, the
owner shall provide written notice to the occupant, by certified
mail with return receipt requested or by first-class 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, 2026.
ENR. S. B. NO. 1326 Page 4
Passed the Senate the 25th day of February, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________