STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2214	By:	Stiles

AS INTRODUCED

An Act relating to forcible entry and detainer; amending 12 O.S. 2011, Sections 1148.4, 1148.5, 1148.5A, 1148.6, 1148.10, 1148.10A and 1148.14, which relate to forcible entry and detainer actions; requiring defendant to file written answer within certain time; requiring defendant to deliver answer to plaintiff; directing court clerk to set trial date within certain time frame; mandating judgment and restitution for plaintiff if defendant fails to answer; modifying procedure and requirements for service of process; stating service is effective at time of posting; providing for entry and detainer action in certain cases; deleting affidavit option; removing provision that defendant is not required to answer prior to trial; providing for writ of restitution instead of writ of execution; exempting certain additional postjudgment court costs; modifying notice requirement to include service by private process servers; modifying time limits; making assignment to small claims docket permissive; deleting mandate on court clerks to assist plaintiffs in certain cases; amending 12 O.S. 2011, Section 1751, as amended by Section 1, Chapter 282, O.S.L. 2012 (12 O.S. Supp. 2012, Section 1751), which relates to the Small Claims Procedure Act; exempting limitation of attorney fees for uncontested forcible entry and detainer cases; amending 41 O.S. 2011, Sections 111, 115, 121, 122, 130, 131, 132 and 133, which relate to the Oklahoma Residential Landlord and Tenant Act; clarifying date requirements; mandating recovery if tenant remains in possession of the premises after notice; deleting certified mailing requirement; modifying mailing requirements for certain written statements; permitting mailing to last-known address of tenant; clarifying dates; requiring tenant be in full compliance to assert certain rights; extending applicability to guest of tenant; deleting certified mailing requirement; limiting landlord responsibility to store or maintain certain items; permitting delivery of written demand for payment notice; clarifying dates; mandating actual and statutory damages for landlord; allowing termination after certain notice to vacate; permitting recovery of actual and statutory damages; allowing lien for security and storing property; modifying definition; repealing 12 O.S. 2011, Sections 1148.15 and 1148.16, which relate to forcible entry and detainer affidavit and summons; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     12 O.S. 2011, Section 1148.4, is amended to read as follows:
Section 1148.4  A.  The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued file a written answer to the petition with the court within three (3) days after service of the summons upon the defendant.  Within this same time, a copy of the defendant’s answer shall be delivered or mailed to the plaintiff or attorney for the plaintiff.  The summons shall apprise the defendant of the nature of the claim that is being asserted against him the defendant; and there shall be endorsed upon the summons the relief sought and the amount for which the plaintiff will take judgment if the defendant fails to appear answer.  In all cases, pleadings may be amended to conform to the evidence.
B.  If an answer is filed by the defendant within three (3) days after service of the summons, a trial date and time shall be set by the court clerk.  The trial date shall be not less than three (3) days nor more than seven (7) days from the date the answer is filed.  If an answer is not filed by the defendant within three (3) days after service of the summons, plaintiff shall be entitled to a judgment for the relief and amount sought in the petition and the court shall immediately issue a writ of restitution for possession of the premises.
SECTION 2.     AMENDATORY     12 O.S. 2011, Section 1148.5, is amended to read as follows:
Section 1148.5  The summons may be served as in other cases except that such service shall be at least three (3) days before the day of trial, and the return day shall not be later than the day of trial, and it may also be served by leaving a copy thereof with some person over fifteen (15) years of age, residing on the premises, at least three (3) days before the day of trial; or, if service cannot be made by the exercise of reasonable diligence on the tenant or on any person over the age of fifteen (15) years residing on the premises, the same may be served by certified mail with return receipt postmarked at least three (3) days before the date of trial.
SECTION 3.     AMENDATORY     12 O.S. 2011, Section 1148.5A, is amended to read as follows:
Section 1148.5A  If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating the right to restitution of the premises by the sheriff's posting or by private process service posting of said summons conspicuously on the building on the premises, and, if there be no building on said premises, then by posting the same at some conspicuous place on the premises sought to be recovered at least five (5) days prior to the date of trial, and by the claimant's mailing a copy of said summons to the defendant at his the last‑known address by certified mail at least five (5) days prior to said date of trial.  This service shall be deemed effective at the time of posting.  Such service shall confer no jurisdiction upon the court to render any judgment against the defendant for the payment of money nor for any relief other than the restoration of possession of the premises to the claimant, unless the defendant appears at trial answers pursuant to Section 1148.4 of this title.  Such service shall not be rendered ineffectual by the failure of the defendant to actually see or receive such posted process nor by his the failure to actually receive or sign a return receipt for such mailed process.
SECTION 4.     AMENDATORY     12 O.S. 2011, Section 1148.6, is amended to read as follows:
Section 1148.6  A.  In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action as described below.
B.  In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he the defendant shall, before the time for the trial of the cause within three (3) days after service of the summons, file a verified answer or an affidavit which contains a full and specific statement of the facts constituting his the defense of title or boundary dispute.  If the defendant files such a verified answer or affidavit, the action shall proceed as one in ejectment before the proper division of the district court.  If the defendant files an affidavit he shall file answer within ten (10) days after the date the affidavit is filed.
B.  In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer or affidavit, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action.
C.  No answer by the defendant shall be required before the time for trial of the cause.
SECTION 5.     AMENDATORY     12 O.S. 2011, Section 1148.10, is amended to read as follows:
Section 1148.10  If judgment be for plaintiff, the court shall, at the request of the plaintiff, his agent of the plaintiff or attorney, immediately issue a writ of execution thereon, which shall be in substantially the following form:
The State of Oklahoma, _______ County.
The State of Oklahoma to the Sheriff of ________ County:
Whereas, in a certain action for the forcible entry and detention (or for the forcible detention as the case may be) of the following described premises, to wit:  ______________ lately tried before me, wherein _________ was plaintiff, and _______ was defendant, judgment was rendered on the ____ day of ______, 19__, that the plaintiff have restitution of said premises; and also that he recover rent, attorney fees and costs in the sum of ______; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises and the said plaintiff to have restitution of the same; also that you levy on the goods and chattels of the said defendant, and make the costs aforesaid, and all accruing costs, and of this writ, make legal service and due return.
Witness my hand this _____ day of ________, 19__.
	_______________
	A.B., Judge
restitution.  The writ of restitution on a forcible entry and detainer judgment shall not be subject to additional postjudgment court costs, except for the costs of service.  A motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.
SECTION 6.     AMENDATORY     12 O.S. 2011, Section 1148.10A, is amended to read as follows:
Section 1148.10A  A.  The plaintiff or agent of the plaintiff, private process server or officer shall immediately notify the defendant in person or by posting of said notice that the plaintiff or agent of the plaintiff or officer shall return in forty-eight (48) hours to restore the plaintiff possession of the premises by executing the writ prescribed in Section 1148.10 of this title and shall make levy to collect the amount of the judgment and all accruing costs.
B.  The original writ of execution restitution issued as provided by Section 1148.10 of this title shall be filed in the action in the manner provided for judgments in civil cases.
C.  The plaintiff or agent of the plaintiff, private process server or officer may execute the writ upon the defendant by personally serving a certified copy of the writ upon the defendant or upon a person authorized to receive service of process as provided by Section 2004 of this title.  If the plaintiff or agent of the plaintiff, private process server or officer is unable to personally serve the defendant or a person authorized to receive service of process as provided by Section 2004 of this title, the plaintiff or agent of the plaintiff, private process server or officer may post a notice in a conspicuous place at the premises address that the plaintiff or agent of the plaintiff, private process server or officer shall return at a specified date and time, which shall be not less than forty-eight (48) hours from the time of posting, to restore the plaintiff to possession of the premises by executing the writ prescribed in Section 1148.10 of this title.
D.  Any person who wrongfully refuses to surrender possession of the premises described in the writ of execution restitution upon service of the writ by the plaintiff or the agent of the plaintiff, private process server or officer shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine in an amount not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment.
E.  The plaintiff or the agent of the plaintiff may summon either the sheriff of the county or the law enforcement agency of the city or town in which the premises are located for assistance in executing the writ.
F.  The plaintiff's, the agent of the plaintiff's, the private process server’s or the officer's return shall be as upon other executions.  Within two (2) days of the date of the judgment, the defendant may post supersedeas bond conditioned as provided by law.  This time limit may be enlarged by a trial judge's order to not more than seven (7) five (5) days after the date of judgment.  The posting of a supersedeas bond shall not be construed to relieve the defendant of his the defendant’s duty to pay current rent as it becomes due while the appeal is pending.  The rent shall be paid into the court clerk's office together with poundage.  If there be controversy as to the amount of rent, the judge shall determine by order how much shall be paid in what time intervals.  Withdrawal by the plaintiff of rent deposited in the court clerk's office pending appeal shall not operate to estop him the plaintiff from urging on appeal his the plaintiff’s right to the possession of the premises.  Failure to pay current rentals while the appeal is pending shall be considered as abandonment of the appeal.
SECTION 7.     AMENDATORY     12 O.S. 2011, Section 1148.14, is amended to read as follows:
Section 1148.14  An action for forcible entry and detainer brought pursuant to procedures prescribed otherwise in this title standing alone or when joined with a claim for recovery of rent, damages to the premises, or a claim arising under the Oklahoma Residential Landlord and Tenant Act, where the total recovery sought, exclusive of attorney's fees and other court costs, does not exceed the jurisdictional amount for the small claims court, shall may be placed on the small claims docket of the district court when properly answered by the defendant within the time prescribed by Section 1148.6 of this title.  The district courts may provide by court rule that any action for forcible entry and detainer may be assigned to the small claims division for determination of the right to possession, regardless of the underlying amount in controversy, at the conclusion of which, the matter shall be returned to the assigned judge for further proceedings.  The court clerk shall in connection with such actions prepare the affidavit, by which the action is commenced, and the summons, and generally assist unrepresented plaintiffs to the same extent that he is now required so to do under Despite assignment to the small claims docket, the court shall prescribe the judgment, fees and awards under the forcible entry and detainer procedures set forth in Sections 1148.1 through 1148.14 of this title and not the judgment, fees and awards set forth in the Small Claims Procedure Act, Section 1751 et seq. of this title.  
SECTION 8.     AMENDATORY     12 O.S. 2011, Section 1751, as amended by Section 1, Chapter 282, O.S.L. 2012 (12 O.S. Supp. 2012, Section 1751), is amended to read as follows:
Section 1751.  A.  The following suits may be brought under the small claims procedure:
1.  Actions for the recovery of money based on contract or tort, including subrogation claims, but excluding libel or slander, in which the amount sought to be recovered, exclusive of attorney fees and other court costs, does not exceed Seven Thousand Five Hundred Dollars ($7,500.00);
2.  Actions to replevy personal property the value of which does not exceed Seven Thousand Five Hundred Dollars ($7,500.00).  If the claims for possession of personal property and to recover money are pled in the alternative, the joinder of claims is permissible if neither the value of the property nor the total amount of money sought to be recovered, exclusive of attorney fees and other costs, exceeds Seven Thousand Five Hundred Dollars ($7,500.00); and
3.  Actions in the nature of interpleader, as provided for in Section 2022 of this title, in which the value of the money which is the subject of such action does not exceed Seven Thousand Five Hundred Dollars ($7,500.00).
B.  No action may be brought under the small claims procedure by any collection agency, collection agent, or assignee of a claim, except that an action may be brought against an insurer or third-party administrator by a health care provider as that term is defined in Section 6552 of Title 36 of the Oklahoma Statutes, who is an assignee of benefits available under an accident and health insurance policy, trust, plan, or contract.
C.  In those cases which are uncontested, the amount of attorney fees allowed shall not exceed ten percent (10%) of the judgment; however, this subsection shall not apply to uncontested forcible entry and detainer cases as provided in Section 1148.14 of this title.
D.  No action may be brought under the small claims procedure for any alleged claim against any city, county or state agency, or employee of a city, county or state agency, if the claim alleges matters arising from incarceration, probation, parole or community supervision.
E.  No action by a plaintiff who is currently incarcerated in any jail or prison in the state may be brought against any person or entity under the small claims procedure.
F.  A small claims affidavit shall include a statement acknowledging that the plaintiff is disclaiming a right to a trial by jury on the merits of the case.
SECTION 9.     AMENDATORY     41 O.S. 2011, Section 111, is amended to read as follows:
Section 111.  A.  Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is month‑to‑month or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) calendar days before the date upon which the termination is to become effective.  The thirty‑day period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section.
B.  Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is less than month‑to‑month, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in subsection E of this section at least seven (7) calendar days before the date upon which the termination is to become effective.
C.  Unless earlier terminated under the provisions of the Oklahoma Residential Landlord and Tenant Act or unless otherwise agreed upon, a tenancy for a definite term expires on the ending date thereof without notice.
D.  If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination under the Oklahoma Residential Landlord and Tenant Act or a residential rental agreement, the landlord may immediately bring an action for possession and damages.  If the tenant's holdover is willful and not in good faith tenant remains in possession of the premises after proper notice of termination has been posted or delivered pursuant to Section 1148.5A of Title 12 of the Oklahoma Statutes, the landlord may shall also recover, in addition to amounts due under the rental agreement, statutory damages equal to an amount not more than twice the average monthly rental daily rent amount, computed and prorated on a daily basis, for each month or portion thereof that said tenant remains in possession.  If the landlord consents to the tenant's continued occupancy, a month‑to‑month tenancy is thus created, unless the parties otherwise agree.
E.  The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant.  If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant.  If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail.  If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail.  For the purpose of this subsection, the word "landlord" shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title.
SECTION 10.     AMENDATORY     41 O.S. 2011, Section 115, is amended to read as follows:
Section 115.  A.  Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution.  Misappropriation of the security deposit shall be unlawful and punishable by a term in a county jail not to exceed six (6) months and by a fine in an amount not to exceed twice the amount misappropriated from the escrow account.
B.  Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with this act the Oklahoma Residential Landlord and Tenant Act and the rental agreement, all as itemized by the landlord in a written statement delivered by mail to be by return receipt requested and to be signed for by any person of statutory service age at such address or in person to the tenant if he can reasonably be found the last-known address of the tenant.  If the landlord proposes to retain any portion of the security deposit for rent, damages or other legally allowable charges under the provisions of this act the Oklahoma Residential Landlord and Tenant Act or the rental agreement, the landlord shall return the balance of the security deposit without interest to the tenant within thirty (30) days after the termination of tenancy, delivery of possession and written demand by the tenant.  If the tenant does not make such written demand of such deposit within six (6) months after termination of the tenancy, the deposit reverts to the landlord in consideration of the costs and burden of maintaining the escrow account, and the interest of the tenant in that deposit terminates at that time.
C.  Upon cessation of a landlord's interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenants' damage or security deposits at his option or pursuant to court order shall, within a reasonable time:
1.  Transfer said deposits to the landlord's successor in interest and notify the tenants in writing of such transfer and of the transferee's name and address; or
2.  Return the deposits to the tenants.
D.  Upon receipt of the transferred deposits under paragraph 1 of subsection C of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this act the Oklahoma Residential Landlord and Tenant Act.
E.  If a landlord or manager fails to comply with this section or fails to return any prepaid rent required to be paid to a tenant under this act the Oklahoma Residential Landlord and Tenant Act, the tenant may recover the damage and security deposit and prepaid rent, if any.
F.  Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent.
G.  This section does not preclude the landlord or tenant from recovering other damages to which he the landlord or tenant may be entitled under this act the Oklahoma Residential Landlord and Tenant Act.
SECTION 11.     AMENDATORY     41 O.S. 2011, Section 121, is amended to read as follows:
Section 121.  A.  Except as otherwise provided in this act the Oklahoma Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the terms of the rental agreement or a noncompliance with any of the provisions of Section 18 118 of this act title which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) calendar days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified.
B.  Except as otherwise provided in this act the Oklahoma Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with any of the terms of the rental agreement or any of the provisions of Section 18 118 of this act title which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord's expense after the expiration of fourteen (14) calendar days.  If the landlord fails to comply within said fourteen (14) calendar days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his the tenant’s rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach.
C.  Except as otherwise provided in this act the Oklahoma Residential Landlord and Tenant Act, if, contrary to the rental agreement or Section 18 118 of this act title, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may:
1.  Upon written notice, immediately terminate the rental agreement; or
2.  Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or
3.  Recover damages based upon the diminution of the fair rental value of the dwelling unit; or
4.  Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
D.  Except as otherwise provided in this act the Oklahoma Residential Landlord and Tenant Act, if there is a noncompliance by the landlord with the terms of the rental agreement or Section 18 118 of this act title, which noncompliance renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which noncompliance is not remedied as promptly as conditions require, the tenant may immediately terminate the rental agreement upon written notice to the landlord which notice specifies the noncompliance.
E.  All rights of the tenant under this section do not arise until he the tenant has given written notice to the landlord or if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his family member of the tenant, his a guest, an animal or pet or other person or animal on the premises with his consent of the tenant.
F.  In order to qualify and utilize the provisions of this section, the tenant shall be in full compliance with all obligations to the landlord under the terms and conditions of the rental agreement, including but not limited to being current on financial obligations, abiding by restrictions within the rental agreement and not being subject to any notification to vacate.
SECTION 12.     AMENDATORY     41 O.S. 2011, Section 122, is amended to read as follows:
Section 122.  A.  If the dwelling unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the dwelling unit is substantially impaired, unless the impairment is caused by the deliberate or negligent act or omission of the tenant, a member of his family, his member of the tenant, a guest, an animal or pet or other person or animal on the premises with his consent of the tenant, the tenant may:
1.  Immediately vacate the premises and notify the landlord in writing within one (1) week thereafter of his the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
2.  If continued occupancy is possible, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
B.  If the rental agreement is terminated under this section the landlord shall return all deposits recoverable under Section 15 115 of this act title and all prepaid and unearned rent.  Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or other casualty.
SECTION 13.     AMENDATORY     41 O.S. 2011, Section 130, is amended to read as follows:
Section 130.  A.  If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord, the property has no ascertainable or apparent value, the landlord may dispose of the property without any duty of accounting or any liability to any party.  The landlord may dispose of perishable property in any manner the landlord considers fit.
B.  If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord the property has an ascertainable or apparent value, the landlord shall provide written notice to the tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned.  Any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the landlord may dispose of said property in any manner which he deems reasonable and proper without liability to the tenant or any other interested party.
C.  The landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the 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 property in the dwelling unit that was abandoned or surrendered by the tenant, in which event the storage cost may not exceed the fair rental value of the premises.  If the tenant's 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 removes the personal property within the time limitations provided in this section, the landlord is entitled to the cost of storage for the period during which the property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement, prior to allowing the tenant to remove the items.
E.  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 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.
F.  The landlord is not responsible to store or maintain items that are dangerous, require maintenance, or may spoil if the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings.  The landlord shall not be held liable for the disposition of any item left in the premises under this subsection. 
SECTION 14.     AMENDATORY     41 O.S. 2011, Section 131, is amended to read as follows:
Section 131.  A.  If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter or the landlord may wait until the expiration of the period allowed for curing a default by the tenant, as prescribed in subsection B of this section, before bringing such action.
B.  A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) calendar days after written notice of landlord's demand for payment.  The notice may be given before or after the landlord files any action authorized by subsection A of this section.  Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.  Written notice of the demand for payment from the landlord may be delivered to the tenant personally or by leaving a copy of the demand with a person over the age of fifteen (15) at the place of business or residence of the tenant or by affixing a copy of the notice in a conspicuous place on the residence of the tenant.  Termination of the rental agreement for nonpayment of rent shall not release tenants from obligation to pay future rent under the rental agreement subject to the obligation to mitigate of the landlord.
SECTION 15.     AMENDATORY     41 O.S. 2011, Section 132, is amended to read as follows:
Section 132.  A.  Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, if there is a noncompliance by the tenant with the rental agreement or with Section 127 of this title which noncompliance can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) calendar days after written notice served as provided in subsection E of Section 111 of this title by the landlord specifying the breach and requiring that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and thereafter submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment.  If the landlord remedies the breach as provided in this subsection, the landlord may not terminate the rental agreement by reason of the tenant's failure to remedy the breach.
B.  Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, if there is a material noncompliance by the tenant with the rental agreement or with any provision of Section 127 of this title, the landlord may deliver to the tenant a written notice served as provided in subsection E of Section 111 of this title specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) ten (10) calendar days after receipt of the notice unless remedied within ten (10) calendar days.  If the breach is not remedied within ten (10) calendar days from receipt of the notice, the rental agreement shall terminate as provided in the notice and the landlord shall be entitled to actual damages and statutory damages as provided by subsection D of Section 111 of this title.  If within the ten (10) calendar days the tenant adequately remedies the breach complained of, or if the landlord remedies the breach according to the provisions of subsection A of this section, the rental agreement shall not terminate by reason of the breach.  Any subsequent breach of the lease or noncompliance under this section shall be grounds, upon written notice to the tenant, for immediate termination of the lease.
C.  Notwithstanding other provisions of this section, if there is a noncompliance by the tenant with the rental agreement or with any of the provisions of Section 127 of this title, which noncompliance causes or threatens to cause imminent and irremediable harm to the premises or to any person and which noncompliance is not remedied by the tenant as promptly as conditions require after the tenant has notice of it, the landlord may terminate the rental agreement after giving a five-calendar-day notice to vacate by immediately filing a forcible entry and detainer action.  In this case, the landlord shall be entitled to actual damages and statutory damages as provided by subsection D of Section 111 of this title.
D.  Any criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises by other tenants committed by a tenant or by any member of the tenant's household or any guest or other person under the tenant's control or is a danger to the premises and any drug-related criminal activity on or near the premises by the tenant or by any member of the tenant's household or any guest or other person under the tenant's control or any other criminal act prohibited by the landlord shall be grounds for immediate termination of the lease.  The landlord shall serve a five-calendar-day notice to vacate and may thereafter immediately file a forcible entry and detainer action.  In this case, the landlord shall be entitled to actual damages and statutory damages as provided by subsection D of Section 111 of this title.
SECTION 16.     AMENDATORY     41 O.S. 2011, Section 133, is amended to read as follows:
Section 133.  A landlord shall have a lien upon that part of the property belonging to the tenant within the premises which has a reasonable relationship as nearly as practicable to the amount of the debt owed, which may be in a rental unit used by him the tenant at the time notice is given, for the proper charges owed by the tenant, and for the cost of enforcing the lien, securing the property and storing the property, with the right to possession of the property until the debt obligation is paid to the landlord.  Provided, however, that such lien shall be secondary to the claim of any prior bona fide holder of a chattel mortgage or to the rights of a conditional seller of such property, other than the tenant.
For purposes of this section, property shall mean any baggage or other property belonging to the tenant which may be in the rental unit used by the tenant but which shall not include all tools, musical instruments or books used by the tenant in any trade or profession, all family portraits and pictures, all wearing apparel, any type of prosthetic or orthopedic appliance, hearing aid, glasses, false teeth, glass eyes, bedding, contraceptive devices, soap, tissues, washing machines, vaporizers, refrigerators, food, cooking and eating utensils, all other appliances personally used by the tenant for the protection of his the health of the tenant, or any baby bed or any other items used for the personal care of babies.
SECTION 17.     REPEALER     12 O.S. 2011, Sections 1148.15 and 1148.16, are hereby repealed.
SECTION 18.  This act shall become effective November 1, 2013.

54-1-5396	EK	12/14/12