2014 -- S 2371 AS AMENDED | |
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LC003233 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
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A N A C T | |
RELATING TO PROPERTY -- SELF-SERVICE STORAGE FACILITIES | |
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Introduced By: Senators Walaska, McCaffrey, and Felag | |
Date Introduced: February 12, 2014 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-42-4 of the General Laws in Chapter 34-42 entitled "Self- |
2 | Service Storage Facilities" is hereby amended to read as follows: |
3 | 34-42-4. Enforcement of owner's lien. -- (a) After default, an owner may deny an |
4 | occupant access to the storage space, terminate the right of the occupant to use the storage space, |
5 | enter the storage space and remove any personal property found therein to a place of safekeeping, |
6 | and enforce its lien by selling the stored property at a public or private sale, in accordance with |
7 | the following procedure: |
8 | (1) No sooner than five (5) days after default, but before the owner takes any action to |
9 | enforce its lien, the occupant and all other persons known to claim an interest in the personal |
10 | property stored shall be notified. The notice shall be delivered in person or by regular mail to the |
11 | last known address of the person or persons to be notified, or by verified electronic mail, to the |
12 | person or persons to be notified. This notice shall include the current balance due with a reminder |
13 | to bring the past due balance current or risk the action of the owner to enforce the owner's lien. |
14 | (2) No sooner than fourteen (14) days after default, the occupant shall again be notified. |
15 | The notice shall be delivered in person or sent by regular mail or verified electronic mail, to the |
16 | person or persons to be notified. The notice shall include: |
17 | (i) A statement of the claim showing the sums due at the time of the notice; |
18 | (ii) A statement that, based on the default, the owner has the right to deny the occupant |
19 | access to the leased space; |
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1 | (iii) A general description of the personal property subject to the lien if known; |
2 | (iv) A demand for payment of the claim by a specified date not less than fourteen (14) |
3 | days after mailing of the notice pursuant to subdivision (2); |
4 | (v) A conspicuous statement that unless the claim is paid by the specified date, the |
5 | occupant's right to use the storage space will terminate, and the personal property will be |
6 | advertised for sale or will be otherwise disposed of at a specified time and place; and |
7 | (vi) The name, street address, and telephone number of the owner who the occupant may |
8 | contact to respond to the notice. |
9 | (3) If the owner is not able to obtain personal service on those persons entitled to notice |
10 | or if the certified mail return receipt is not signed by the person to whom notice must be sent then |
11 | the owner shall be required to give notice by publication once a week for three (3) successive |
12 | weeks in a newspaper of general circulation in the city or town where the person to receive the |
13 | notice was last known to reside. |
14 | (4) When notice is by publication, the notice does not have to include an itemized |
15 | statement of the claim but only a statement as to the amount of money due or the time of the final |
16 | notice, nor is a general description of the personal property subject to the lien required. The |
17 | demand for payment of the claim by a specified date shall set forth a date no less than thirty (30) |
18 | days after the date of the published notice. |
19 | (b) No sooner than one day after default, the owner may deny the occupant access to the |
20 | leased space in a reasonable and peaceful manner. |
21 | (c) After expiration of the time given in the second (2nd) notice, if the claim has not |
22 | been paid in full as demanded, the occupant's right to use the storage space terminates, and the |
23 | owner may enter the storage space and remove any personal property found therein to a place of |
24 | safekeeping. |
25 | (d) After expiration of the time given in the second (2nd) notice, if the claim has not |
26 | been paid in full as demanded and the owner wishes to sell the personal property to satisfy its |
27 | lien, an advertisement of the sale must be published once a week for two (2) consecutive weeks |
28 | on a publicly accessible website identified in the rental agreement. The advertisement must |
29 | include the name of the person on whose account it is being stored and the time and place of sale. |
30 | The sale must take place no sooner than ten (10) days after the first publication. |
31 | (e) The sale shall be held at the self-service storage facility or the nearest suitable place |
32 | and it shall conform to the terms of the notification. |
33 | (f) Before a sale of personal property, any person claiming a right to the personal |
34 | property may pay the amount necessary to satisfy the lien and the reasonable expenses incurred |
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1 | by the owner to redeem the personal property. Upon receipt of this payment, the owner shall |
2 | release the personal property to the payor and have no further liability to any person with respect |
3 | to the personal property. |
4 | (g) The owner may buy at any sale of personal property pursuant to this section to |
5 | enforce the owner's lien. |
6 | (h) A purchaser in good faith of the personal property sold to enforce the owner's lien |
7 | takes the personal property free of any rights of persons against whom the lien was valid, despite |
8 | noncompliance by the owner with the requirements of this section. |
9 | (i) The owner may satisfy its lien from the proceeds of any sale pursuant to this section |
10 | but must hold the balance, if any, for delivery on demand to any person to whom it would have |
11 | been bound to deliver the personal property. If the other party does not claim the balance of the |
12 | proceeds within two (2) years of the date of the sale, it shall eschew to the state. |
13 | (j) The owner shall be liable for damages caused by failure to comply with the |
14 | requirements for sale under this section and in case of willful violation is liable for conversion. |
15 | (k) The owner shall not be liable for identity theft or other harm resulting from the |
16 | misuse of information contained within the contents of the occupant's storage space, which are |
17 | sold or otherwise disposed of to satisfy the owner's lien. |
18 | (l) If the personal property in the leased space is a motor vehicle, watercraft, trailer, |
19 | motorcycle, RV or any other titled vehicle, the owner may have it towed with no liability on its |
20 | part. |
21 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- SELF-SERVICE STORAGE FACILITIES | |
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1 | This act would remove the requirement that the owner of storage space give notice to an |
2 | occupant by publication in a newspaper of general circulation. |
3 | This act would take effect upon passage. |
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LC003233 | |
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