Okla. Stat. tit. 41 § 130.1

Death of Tenant - Disposition of Personal Property

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 11/1/2006OklahomaLease Requirements

Operative Text

Okla. Stat. tit. 41 § 130.1
A. Upon written request of a landlord, the landlord's
tenant shall:
1. Provide the landlord with the name, address, and
telephone number of a person to contact in the event of the tenant's death;
and
2. Sign a statement authorizing the landlord in the
event of the tenant's death to:
a. grant to the person designated under paragraph 1
of this subsection access to the premises at a reasonable time and in the
presence of the landlord or the landlord's agent,
b. allow the person designated under paragraph 1 of
this subsection to remove any of the tenant's property found at the leased
premises, and
c. refund the tenant's security deposit, less lawful
deductions, to the person designated under paragraph 1 of this
subsection.
B. A tenant may, without request from the landlord,
provide the landlord with the information specified in subsection A of this
section.
C. Except as provided in subsection D of this
section, in the event of the death of a tenant who is the sole occupant of a
rental dwelling:
1. The landlord may remove and store all property
found in the tenant's leased premises;
2. The landlord shall turn over possession of the
property to the person who was designated by the tenant under subsection A or B
of this section or to any other person lawfully entitled to the property if the
request is made prior to the property being discarded pursuant to paragraph 5 of
this subsection;
3. The landlord shall refund the tenant's security
deposit, less lawful deductions, including the cost of removing and storing the
property, to the person designated under subsection A or B of this section or to
any other person lawfully entitled to the refund;
4. Any person who removes property from the tenant's
leased premises shall sign an inventory of the property being removed at the
time of removal and submit the signed inventory to the landlord; and
5. The landlord may discard the property removed by
the landlord from the tenant's leased premises if:
a. the landlord has mailed a written request by
certified mail, return receipt requested, to the person designated under
subsection A or B of this section, requesting that the property be
removed,
b. the person failed to remove the property by the
thirtieth day after the postmark date of the notice, and
c. the landlord, prior to the date of discarding the
property, has not been contacted by anyone claiming the property.
D. In a written lease or other agreement, a landlord
and a tenant may agree to a procedure different than the procedure in this
section for removing, storing, or disposing of property in the leased premises
of a deceased tenant.
E. If a tenant, after being furnished with a notice
of request, knowingly violates subsection A of this section by failing to
provide the required information and statement, the landlord shall have no
responsibility after the tenant's death for removal, storage, disappearance,
damage, or disposition of property in the tenant's leased premises.
F. If a landlord, after being furnished with a copy
of this section, knowingly violates subsection C of this section, the landlord
shall be liable to the estate of the deceased tenant for actual
damages.
Source: Legislative text reproduced verbatim
Plain English

Oklahoma law under 41 O.S. § 130.1 establishes a framework for handling a deceased tenant's personal property when that tenant was the sole occupant of a rental unit. Landlords may request that tenants designate a contact person and sign an authorization allowing that person to access the unit, retrieve belongings, and receive any security deposit refund after the tenant's death. If a tenant's property goes unclaimed, the landlord must follow a specific certified-mail notice process before discarding it, and both landlords and tenants face defined consequences for knowingly failing to comply with their respective obligations under this section.

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

Plain English — not legal advice.

For Property Managers

Under 41 O.S. § 130.1, compliant property operators typically provide tenants with a written request to designate an emergency contact and sign an authorization statement covering property access, removal, and security deposit disposition. When a sole-occupant tenant dies, operators generally document all removed property through signed inventories, apply only lawful deductions from the security deposit, and send certified mail notices before discarding any unclaimed belongings after the required 30-day waiting period. Landlords who knowingly disregard the procedures in subsection C of this section after being furnished a copy of the law may be held liable to the deceased tenant's estate for actual damages.

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. § 130.1 gives tenants the right to voluntarily designate a contact person and authorize that individual to access the unit, collect belongings, and receive a security deposit refund in the event of the tenant's death, even without a formal request from the landlord. Tenants should be aware that knowingly refusing to provide the required information after a landlord's written request—as described in subsection E—can relieve the landlord of responsibility for what happens to property left in the unit after death. If a landlord fails to follow the proper procedures under subsection C, the deceased tenant's estate may have a claim for actual damages, and those with an interest in the estate may wish to consult a tenant-rights organization or legal aid resource to understand available options.

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, 2006
Click on timeline segments to view historical versions.

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

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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