. (5) The owner is entitled to retain any interest earned on the excess proceeds until the excess proceeds are claimed by another person or are turned over to the state as abandoned property pursuant to *RCW, Any person who has a perfected security interest under *Article 62A.9 RCW of the uniform commercial code may claim any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total amount due, as specified in the lien notices, for the storage of the property. It is the responsibility of the seller(you) to verify and conform to the state lien laws in which your properties governing jurisdiction is defined. This will make your storage lien superior so you can hopefully recoup some of your selling expenses and lost rent. 03 (b) Notwithstanding AS 28.10.371, if a vehicle is part of the unit property, the 04 lien provided . Disclaimer: Storage Auction Solutions DOES NOT control the number of units being sold at each facility. Find units near you and bid with confidence. Utah Code Page 2 Amended by Chapter 258, 2015 General Session 38-8-2 Lien against stored property -- Attachment and duration -- Search for financing For more information, Mr. Greenberger can be contacted at Katz Greenberger & Norton LLP, 105 E. Fourth St., Suite 400, Cincinnati, OH 45202, or by calling 513.721.5151. When any part of the rent or other charges due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice to the occupant's last known address, and to the alternative address specified in RCW 19.150.120(2), by first class mail, postage prepaid, containing all of the following: RCW 19.150.050 Form of notice. (5) Personal property means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, and household items. Coincidentally, the legal name of the laws governing New York storage facilities is "NY Lie Law 182" an emphasis on the abbreviation "lie" (lien) that some storage unit customers may feel. There are other states that have requirements for the sale of vehicles in their self-storage statutes, and some give some hint of law to secure the title or sell without being as difficult as the one mentioned above. (1) "Commercially reasonable manner" means a public sale of the personal property in the self-storage space. Self Storage in Seattle on Nw Leary Way. Enforcement of owner's lien. the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. Notices sent pursuant to RCW 19.150.040 or 19.150.060 shall be sent to the occupants address and the alternative address, if both addresses are provided by the occupant. Note: This summary is not intended to be an all inclusive discussion of abandoned property law, but does include basic provisions. To start the auction, the storage company will cut the lock on a unit and allow potential bidders to get a look inside. After all this, he may find: In most states, you can file a forcible entry and detainer action (eviction) for any storage unit or space at your facility. Storage of a car, boat, RV or other vehicleespecially outdoor storagecan be a lucrative part of a storage business, but when a tenant fails to pay rent, profits . When a storage unit renter becomes significantly delinquent on payments, a lien is placed on the contents of the unit. Laws & Agency Rules; Bill Information; Agendas, Schedules, and Calendars . Even if you do not get much or all of your proceeds, think about what you may have accomplished. 1. Self Storage Law. Boost your profits with storage unit auctions! A notice in substantially the following form shall satisfy the requirements of RCW 19.150.040: PRELIMINARY LIEN NOTICE to (occupant) (address) (state) You owe and have not paid rent and/or other charges for the use of storage (space number)at name and address of self-service storage facility). North Dakota, Oklahoma and Wyomings statutes provide for the transfer of title on sale of a vehicle. Have a professional relationship with the storage operator. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, late fees, and costs of the sale, present or future, incurred pursuant to the rental agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to this chapter. He does not recover enough money to pay all costs. This could be a blessing or a curse. There's a set period of time in between going into default and going off to auction. If you are able to follow this maze of guidelines properly, you will generally be able to get a title to the vehicle, sell it, and pay off the lien and your sale expenses. When a person rents space but fails to pay rent, the owner of the facility may follow the law and sell the contents of the property. The lien may be enforced consistent with this chapter. Chap. buyer's premium. RCW 19.150.140 Other rights not impaired. When any part of the rent or other charges due from an occupant remains unpaid for six consecutive days, and the rental agreement so provides, an owner may deny the occupant access to the storage space at a self-service storage facility. West Virginia. The personal property may be sold in the owner's discretion on or off the self-service storage facility site as a single lot or in parcels. Keep watching for updates until auction day NEWS FLASH! The first consideration is whether the state statute speaks to stored vehicles in default. The owner has no liability to a claimant who fails to secure a court order in a timely manner or pay the required rental charge for any sale of other disposition of the personal property. Lockers for sale in every state and major city in North America. The owner shall not be liable to any person for any action taken pursuant to this section if the owner has fully complied with RCW 19.150.050 and 19.150.060. Receive emails on Answer is filed. (972) 442-6747. email Email Us. (5) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. Lockers for sale in every state and major city in North America. Subd. Consider our climate-controlled units. Notice: The laws change from State to State however in some states, the defaulted tenant has the legal right to cure the account thus canceling the auction up until the cash payment is received from the winning bidder. Bid now on self storage auctions happening in Ohio! Mr. Greenberger is licensed to practice in the states of Ohio and Kentucky, and is the legal counsel for the Ohio Self Storage Owners Society and the Kentucky Self Storage Association. Storage auctions near Spokane, Washington. Prior to having the vehicle, watercraft, trailer, recreational vehicle, or camper towed, the owner must provide notice to the occupant stating the name, address, and contact information of the towing company. Storage Auction Solution's Licensed Auctioneers in VT: Paul Maglio - VT #0570002429, Tom Weitbrecht - VT #0570057319, Patrick Gecoya - VT License #0570083445. Any person who has a perfected security interest under Article 62A.9 RCW of the uniform commercial code may claim any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total amount due, as specified in the lien notices, for the storage of the property. For more information, call 513.721.5151; e-mail jjg@kgnlaw.com. If you like saving money on items you need or making money at auctions, then you are going to love our listings! Next, do not overlook the possibility of contacting the lender who has the security interest in the vehicle. Laws vary from state to state, but most storage unit companies can put a unit up for auction somewhere between 30-90 days after the renter fails to pay. The owner shall then serve by personal service or send to the occupant, addressed to the occupants last known address and to the alternative address specified in RCW 19.150.120(2) by certified mail, postage prepaid, a notice of lien sale or notice of disposal which shall state all of the following: (1) That the occupants right to use the storage space has terminated and that the occupant no longer has access to the stored property. Again, laws and rules for writ enforcement vary almost by jurisdiction, let alone by state. Please note that whether youre a seasoned bidder or new to the process, these online storage auctions are open to the public. Some states require the use of licensed auctioneers to run storage auctions. . Low 10% ($10.00 min.) Population: 7,061,530 (13th in US) Capital: Olympia; Counties: 39; Nickname: Evergreen State; The lien law, code or statute of the State of Washington use for information purposes only and is not intended nor to replace professional legal consultation. The act modifies the law governing the statutory lien that an owner of a self-storage facility has for the occupant's late payment of rent or other charges by: Specifically including late fees in the lien; Allowing the rental agreement to limit the aggregate value of the property that may be stored . The states statute goes so far as to draw a distinction in sale practices between cars and boats. These require you to follow specific steps to sell the contents of a storage unit, usually by auction. For example, the Michigan statute gives some direction of what to do to sell a vehicle in default and handles the title issues. If any procedural errors are made by the sheriff, the liability for those errors lies with him, not you. (4) The name, street address, and telephone number of the owner, or his or her designated agent, whom the occupant may contact to respond to the notice. (6) After the sale or other disposition pursuant to this section has been completed, the owner shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the occupant at the occupants last known address and at the alternative address. Definitions. (a) That the occupant's right to use the storage space has terminated and that the occupant no longer has access to the stored property. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, incurred pursuant to the rental agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to this chapter. 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