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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
PROPERTY IN GENERAL
CHAPTER 23
SELF-SERVICE STORAGE FACILITIES
55-2306. Enforcement of lien. (1) A sale of personal property to enforce a lienholder’s claim that has become due against a lessee and that is secured by the operator’s lien may be conducted after the lessee has been in default continuously for a period of sixty (60) days.
(2) The operator shall send notice by certified mail or as provided for in the rental agreement to the lessee at his last known address and by mail to all persons disclosed by the lessee as claiming a security interest in the stored property. The notice shall include:
(a) The name, address and telephone number of the person claiming the lien;
(b) An itemized statement of the lienholder’s claim showing the sum due at the time of the notice and the date when the sum became due;
(c) A demand for payment within a time specified, not less than ten (10) days after sending of the notice;
(d) A statement that unless the claim is paid within the time stated in the notice, the personal property shall be advertised for sale and sold at a specified time and place, but not sooner than ten (10) days after the first publication;
(e) A brief and general description of the goods subject to the lien; and
(f) Notification that the operator has denied or may deny access by the lessee to his personal property until the lien has been satisfied.
(3) Upon expiration of the time specified in subsection (2)(c) of this section, an advertisement of the sale shall be published once in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include:
(a) The location, date, time, and manner of the sale of the property stored in the leased space at the self-service storage facility;
(b) A brief and general description of the personal property; and
(c) The name and last known address of the lessee.
(4) At any time before the advertised sale of the personal property has been conducted or the vehicle or trailer has been towed, the lessee or any other person may pay the amount necessary to satisfy the lien, including all documented and verifiable labor and expenses incurred in enforcing the lien, and be permitted to remove the personal property, vehicle, or trailer from the leased space.
(5) In the event of a sale, the operator shall:
(a) Ensure that the sale is conducted in conformance with the terms of the published notice;
(b) Identify the specific properties and disclose the names and addresses provided by the lessee of persons claiming a security interest in the specified properties; and
(c) Comply with the provisions of chapter 17, title 49, Idaho Code, when foreclosing on titled vehicles.
(6) The proceeds of the sale must be applied to the discharge of the lien and costs. The remainder, if any, shall be paid over to the lessee or any other person authorized in writing by the lessee to claim the balance.
(7) The operator may dispose of the personal property without liability to any person if:
(a) The operator has complied with the provisions of subsections (1) through (5) of this section and the personal property has not been purchased;
(b) The lessee fails to remove the personal property from the leased space after the end of the rental agreement and the rental agreement advises the lessee that any property remaining after the rental agreement has ended will be disposed of in the operator’s discretion; or
(c) When disposing of titled vehicles, the operator complies with either the provisions of chapter 17, title 49, Idaho Code, or section 55-2308, Idaho Code.
(8) The operator may conduct the lien sale without obtaining an auctioneer’s license and may offer the personal property for sale as a unit or in parcels on a publicly accessible website that regularly offers personal property for auction or sale, at the self-service storage facility, or at another location determined by the operator.
(9) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien shall take the property free and clear of any rights of persons against whom the lien was valid, even if the operator has not complied with the provisions of this chapter or the rental agreement.
History: