33-1704. Enforcement of lien
A. If the occupant is in default for a period of more than thirty days, the operator may foreclose the lien by selling the property stored in the leased space at a public sale, for cash. Proceeds shall then be applied as provided in subsection E of this section. If the contents of the occupant's space include a vehicle, the provisions of section 28-4839 do not apply.
B. Before conducting a sale under subsection A of this section, the operator shall:
1. Notify the occupant of the default by certified mail, return receipt requested, at the occupant's last known address.
2. Send a second notice of default by regular mail not less than seven days after the mailing date of the first notice to the occupant at the occupant's last known address which includes:
(a) A statement that the contents of the occupant's leased space are subject to the operator's lien.
(b) A statement of the operator's claim, indicating the charges due on the date of the notice and any other charges that may accrue.
(c) A demand for payment of the charges due within a specified time, not less than fourteen days after the mailing date of the second notice or thirty additional days if the address of the occupant is outside of the continental United States.
(d) A statement that unless the claim is paid within the time stated the contents of the occupant's space will be sold at a specified time and place.
(e) The name, street address and telephone number of the operator, or his designated agent, whom the occupant may contact to respond to the notice.
3. If the contents of the occupant's space include a vehicle:
(a) At the time the notice is sent pursuant to paragraph 1 of this subsection, send a notice of default by certified mail, return receipt requested, to the registered owner at the registered owner's most recent address as shown in the records of the department.
(b) At the time the notice is sent pursuant to paragraph 2 of this subsection, send a notice of default by regular mail to the registered owner at the registered owner's most recent address as shown in the records of the department.
(c) The operator is not required to send a notice pursuant to this paragraph if ownership information for a vehicle is unavailable.
(d) In any notice that is sent, include a description of the vehicle and its vehicle identification number.
4. At least ten days prior to the sale, notify by certified mail, return receipt requested any record lienholder or secured party who has an interest in the property to be sold, of whom the operator has actual or constructive knowledge either through the disclosure provision of the rental agreement or through any other written or recorded notice of the sale, that any prior record lienor or secured party may at any time prior to the sale recover possession of the item of personal property to which the record lien or security interest attaches.
5. At the time the operator sends the second notice to the occupant, publish a notice indicating the date, time and place of the sale and a description of the property to be sold. This notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. If there is no newspaper of general circulation in the county where the self-service storage facility is located, the notice shall be posted at least ten days before the date of the sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.
C. At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property.
D. If the personal property includes a vehicle, any person listed as a registered owner or lienholder on the records of the department may pay the amount necessary to satisfy the lien, redeem the vehicle and recover possession of the vehicle. The operator is not liable to the occupant or any other person who claims an interest in the vehicle if the operator releases the vehicle to a person listed as a registered owner or lienholder pursuant to this subsection.
E. If a sale is held under this section, the operator shall distribute the proceeds in the following manner:
1. To pay all reasonable costs of sale.
2. To satisfy the valid claims of any lienholder or secured party not otherwise subordinated pursuant to section 33-1703, subsection A.
3. To satisfy the operator's lien.
4. To satisfy the valid claims of any record lienholder or secured party subordinated pursuant to section 33-1703, subsection A.
5. To the occupant on demand.
6. If the occupant does not claim the balance due to him within ninety days of the sale, the operator shall pay the balance to the department of revenue. If the occupant, at any time within two years from the date of payment to the department of revenue, establishes his right to the money to the satisfaction of the director of the department of administration, it shall be paid to him. After two years, all unclaimed monies shall be deposited in the permanent state school fund.
F. A purchaser in good faith of any personal property sold under this article takes the property free and clear of any rights of any party.
G. If the operator complies with this article, the operator's liability arising from the sale:
1. To the occupant is limited to the net proceeds received from the sale of the personal property.
2. To other lienholders or a secured party is limited to the net proceeds received from the sale of any personal property covered by that other lien.
H. If an occupant is in default, the operator may deny the occupant access to the leased space.
I. Unless the rental agreement specifically provides otherwise and until a lien sale under this article, the exclusive care, custody and control of all personal property stored in the leased self-service storage space remain vested in the occupant. If the occupant is in default for a period of more than thirty days and until the time of sale, the operator may, in addition to denying the occupant access to the personal property, transfer the personal property to a place of safekeeping.Sections: Previous 33-1701 33-1702 33-1703 33-1704 33-1705 33-1706 Next