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Lien Law Reference

Please read and understand the full content of your state's lien law before using Lockerfox. You are responsible for all aspects of compliance with the requirements. The Self Storage Association publishes Lien Law Annotated books for many states (Order at https://www.selfstorage.org/Products-Services/Books. If you're in Texas, the TXSSA publishes the Goldbook© Legal Reference (Available to members only). We also encourage you to join your state's Self Storage Association to keep up to date on auction best practices and legal updates.

Florida

Click here for full document: https://www.selfstorage.org/Portals/0/Public%20Library/State%20Lien%20Laws%20Rev151020/Florida%20Lien%20Law.pdf?ver=2015-10-23-130130-987

Upon the failure of a tenant to pay the rent when it becomes due, the owner may, without notice, after 5 days from the date the rent is due, deny the tenant access to the personal property...

The tenant shall be notified by written notice delivered in person, by e-mail, or by first-class mail with a certificate of mailing to the tenant’s last known address and conspicuously posted at the self-service storage facility or on the self-contained storage unit.

...demand for payment within a specified time not less than 14 days after...

...statement that, unless the claim is paid...property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

...advertisement of the sale...shall be published once a week for 2 consecutive weeks in a newspaper of general circulation...

...advertisement shall include...brief and general description...address of the self-service storage facility...name of the tenant...time, place, and manner of the sale...

...sale may be conducted on a public website...facility or unit owner is not required to hold a license to post property for online sale.

...sale or other disposition shall take place at least 15 days after the first publication.

...balance, if any, shall be held by the owner for delivery on demand to the tenant. A notice of any balance shall be delivered...to the tenant...tenant does not claim the balance of the proceeds within 2 years...proceeds shall be deemed abandoned

Georga

Click here for full document: https://www.selfstorage.org/Portals/0/Public%20Library/State%20Lien%20Laws%20Rev151020/Georgia%20Lien%20Law.pdf?ver=2015-10-23-130131-317

If any monthly installment is not paid by the seventh calendar day of the month due...Occupant shall be deemed to be in default...FROM DATE PAYMENT WAS DUE

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien...

Occupant shall be notified of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by e-mail.

...notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice...

After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in the legal organ for the county...

...advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of Occupant; and the time, place, and manner of the public sale.

...sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale...

...sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication.

...public sale includes offering the property on a publicly accessible website...

...sale shall be considered incidental to the self-storage business and no license shall be required.

If no one purchases the property at the public sale...Owner may otherwise dispose of the property and shall notify Occupant of the action taken.

A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid...

Owner shall hold the balance of the proceeds, if any, for Occupant...

If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act...

Kentucky

Click here for full document: https://www.selfstorage.org/Portals/0/Public%20Library/State%20Lien%20Laws%20Rev151020/Kentucky%20Lien%20Law.pdf?ver=2015-10-23-130131-580

...shall be known as the Kentucky Self-Service Storage Act of 1988

If the occupant is in default for a period of more than forty-five (45) days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale, for cash.

Before conducting a sale...operator shall...Notify the occupant of the default by regular or verified electronic mail...

Send a second notice of default by verified mail or verified electronic mail...which includes...demand for payment...not less than fourteen (14) days after...

At least three (3) days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation

The sale under this section shall be held at the self-service storage facility...or a publicly accessible Web site.

Hold the balance, if any, for delivery to any other recorded lienholders who present claims within sixty (60) days. Deliver, upon expiration of sixty (60) days, the balance... to the occupant.

A purchaser in good faith... takes the property free and clear...

If the occupant is in default for more than sixty (60) days and the personal property... is a motor vehicle... the operator may... have the vehicle or watercraft towed

Ohio

Click here for full document: https://www.selfstorage.org/Portals/0/Public%20Library/State%20Lien%20Laws%20Rev151020/Ohio%20Lien%20Law.pdf?ver=2015-10-23-130132-143

The notice shall be delivered in person , sent by certified mail, or sent by first-class mail with a certificate of mailing to the last known address of each person who is required to be notified...

A demand for payment within a specified time not less than ten days after delivery of the notice

...unless the claim is paid within that time the personal property will be advertised for sale and will be sold by auction...

...if no person purchases the personal property at the auction, the personal property may be sold at a private sale or destroyed

...notice given pursuant to this section shall be presumed delivered, if the notice is sent by first-class mail with a certificate of mailing, when it is deposited with the United States postal service...

...an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper...or any other commercially reasonable manner...shall be deemed commercially reasonable if at least three independent bidders attend the sale...

...advertisement shall include all of the following...brief and general description...name and last known address of the occupant...address of the self-service storage facility...time, place, and manner of the sale...

...sale shall take place at least fifteen days after the first publication...

...purchaser at auction in good faith...takes the property free and clear...despite noncompliance by the owner with the requirements...

The owner may examine any personal property to be sold pursuant to this section. The examination may include, but is not limited to, the opening of any trunk, valise, box, or other container that is locked, fastened, sealed, tied, or otherwise closed in a manner that deters immediate access to its contents.

...owner may satisfy the owner's lien from the proceeds...shall mail the balance, if any, by certified mail to the occupant...

An owner may buy at any public sale held pursuant to this section.

Any reasonable expense incurred in rent collection or lien enforcement by an owner may be charged to the occupant...

Oklahoma

Click here for full document: https://www.selfstorage.org/Portals/0/Public%20Library/State%20Lien%20Laws%20Rev151020/Oklahoma%20Lien%20Law.pdf?ver=2015-10-23-130132-223

...shall be known and may be cited as the "Self-Service Storage Facility Lien Act".

If the personal property is a vehicle, watercraft or trailer and rent and other charges remain unpaid for sixty (60) days, the facility owner may have the vehicle, watercraft or trailer towed

No enforcement action shall be taken by the owner until the occupant has been in default continuously for a period of thirty (30) days.

After... thirty (30) days, the owner may begin enforcement action if the occupant has been notified in writing.... delivered in person or sent by verified mail... or, if mutually agreed... in the rental agreement or in an addendum to the rental agreement, by electronic mail.

...demand for payment within a specified time not less than fifteen (15) days after delivery of the notice...

...advertisement of the sale or other disposition shall be published once in a newspaper...

advertisement... shall include... brief and general description... address of the self-service storage facility... the number, if any, of the space... the name of the occupant... last-known address... time, place, and manner of the sale

sale or other disposition shall take place not sooner than fifteen (15) days after the publication

Any sale or other disposition of the personal property shall be held online, at the self- service storage facility or at thenearest suitable place

A purchaser in good faith of the personal property... takes the property free of any rights of persons against whom the lien was valid

...owner shall hold the excess proceeds for a period of ninety (90) days...

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