2014 Indiana Code TITLE 26. COMMERCIAL LAW ARTICLE 3. WAREHOUSES CHAPTER 8. SELF-SERVICE STORAGE FACILITIES
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IC 26-3-8
Chapter 8. Self-Service Storage Facilities
IC 26-3-8-0.5
"Electronic mail"
Sec. 0.5. As used in this chapter, "electronic mail" means the
transmission, by use of a computer or through other electronic
means, of information or a communication that is sent to a person
identified by a unique address.
As added by P.L.144-2014, SEC.1.
IC 26-3-8-1
"Default"
Sec. 1. As used in this chapter, "default" means the failure of a
renter to perform, in a timely fashion, any duty imposed by section
10 of this chapter or by a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-2
"Emergency"
Sec. 2. As used in this chapter, "emergency" means any sudden,
unexpected occurrence or circumstance at or near a self-service
storage facility that requires immediate action to avoid injury to
persons or property at or near the self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-3
"Last known address"
Sec. 3. As used in this chapter, "last known address" means the
postal address or electronic mail address provided to the owner by
the renter:
(1) for the purposes of the latest rental agreement; or
(2) in a written notice of a change of postal address or
electronic mail address after the latest rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014,
SEC.2.
IC 26-3-8-4
"Rented space"
Sec. 4. As used in this chapter, "rented space" means the
individual storage space at a self-service storage facility that is rented
to a renter under a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-5
"Renter"
Sec. 5. As used in this chapter, "renter" means:
(1) a person who is entitled to the use of a rented space in a
self-service storage facility under a rental agreement; or
(2) the sublessee, successor, or assignee of a person described
in subdivision (1).
As added by P.L.265-1987, SEC.1.
IC 26-3-8-6
"Owner"
Sec. 6. As used in this chapter, "owner" means:
(1) the owner, operator, lessor, or sublessor of a self-service
storage facility;
(2) the agent of a person described in subdivision (1); or
(3) any person authorized by a person described in subdivision
(1) to manage a self-service storage facility or to receive rent
from a renter under a rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.5-1988,
SEC.140.
IC 26-3-8-7
"Personal property"
Sec. 7. As used in this chapter, "personal property" means
movable property not affixed to land. The term includes goods,
wares, merchandise, household items, motor vehicles, and watercraft.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014,
SEC.3.
IC 26-3-8-8
"Rental agreement"
Sec. 8. As used in this chapter, "rental agreement" means any
written agreement or lease that establishes or modifies the terms
under which a renter may store personal property in a rented space
in a self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-9
"Self-service storage facility"
Sec. 9. As used in this chapter, "self-service storage facility"
means any real property designed and used for the renting of space
under a rental agreement that provides a renter access to rented space
for the storage and retrieval of personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-9.5
"Verified mail"
Sec. 9.5. As used in this chapter, "verified mail" means any
method of mailing that:
(1) is offered by the United States Postal Service or a private
delivery service; and
(2) provides evidence of mailing.
As added by P.L.144-2014, SEC.4.
IC 26-3-8-10
Entry of owner into rented space
Sec. 10. A renter, upon a reasonable request from the owner, shall
allow the owner to enter a rented space for the purpose of:
(1) inspection;
(2) repair;
(3) alteration;
(4) improvement; or
(5) providing other services that are necessary or were agreed
to by the renter.
If an emergency occurs, an owner may enter a rented space for any
purpose set forth in this section without notice to or consent from the
renter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-11
Lien of owner of facility upon personal property; priority;
attachment; statement
Sec. 11. (a) The owner of a self-service storage facility has a lien
upon all personal property present in the self-service storage facility
for:
(1) rent, labor, or other charges that accrue in connection with
the personal property under the rental agreement;
(2) expenses necessary for the preservation of the personal
property; and
(3) expenses reasonably incurred in the sale or other disposition
of the personal property under this chapter.
(b) The lien described in subsection (a) is superior to any other
lien or security interest, except for:
(1) a lien or security interest perfected before any sale or other
disposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date on
which personal property is placed in a rented space. Every rental
agreement must contain a statement in bold type notifying the renter
of the existence of the lien and of the method by which the owner
may enforce the lien under this chapter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-12
Enforcement of owner's lien; notice; towing of motor vehicle or
watercraft
Sec. 12. (a) After a renter has been in default continuously for at
least thirty (30) days, an owner may begin enforcement of the
owner's lien under this chapter.
(b) An owner enforcing the owner's lien under this chapter may:
(1) deny the renter access to the rented space; and
(2) move the renter's personal property from the rented space to
another storage space pending the redemption, sale, or other
disposition of the personal property under this chapter.
(c) An owner enforcing the owner's lien shall send the renter, by
electronic mail or verified mail and addressed to the last known
address of the renter, a written notice that includes:
(1) an itemized statement of the owner's claim showing the
amount due at the time of the notice and the date when the
amount became due;
(2) a demand for payment of the amount due before a specified
time at least thirty (30) days after the date of the mailing of the
notice;
(3) a statement that the contents of the renter's rented space are
subject to the owner's lien;
(4) a statement advising the renter that the owner has denied the
renter access to the rented space, if the owner has done this
under subsection (b);
(5) a statement advising the renter that the owner has removed
the renter's personal property from the rented space to another
suitable storage space, if the owner has done this under
subsection (b);
(6) the name, street address, and telephone number of the owner
or of any other person the renter may contact to respond to the
notice; and
(7) a conspicuous statement that unless the owner's claim is
paid within the time stated under subdivision (2), the personal
property:
(A) will:
(i) be advertised to be sold in a manner permitted under
section 15 of this chapter; or
(ii) be otherwise disposed of;
at a specified place (if applicable) and time, which must be
at least ninety (90) days after the renter's default; or
(B) will be disposed of in the manner described in
subsection (d), if:
(i) the renter's personal property stored in the rented space
is a motor vehicle or watercraft; and
(ii) the owner chooses to dispose of the renter's motor
vehicle or watercraft in the manner permitted under
subsection (d).
(d) If:
(1) the renter's personal property stored in the rented space is a
motor vehicle or watercraft; and
(2) the renter does not pay the owner's claim within the time
specified in subsection (c)(2);
as an alternative to conducting a sale under section 15 of this chapter,
the owner may cause the renter's motor vehicle or watercraft to be
towed or removed from the self-service storage facility.
(e) Any sale or other disposition of the personal property
undertaken by the owner to enforce the owner's lien must be
conducted in the same manner, and at the same place (if applicable)
and time, specified by the owner in the notice given under subsection
(c)(7).
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014,
SEC.5.
IC 26-3-8-13
Redemption of personal property
Sec. 13. Before any sale or other disposition of the personal
property under this chapter, the renter may redeem the personal
property by paying the owner an amount sufficient to satisfy the
owner's lien. Upon the payment of this amount, the owner shall
immediately return the personal property to the renter. After
returning the personal property under this section, the owner has no
liability to any person with respect to the personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-14
Sale of personal property; advertisement; notice of other
disposition
Sec. 14. (a) After the expiration of the time stated in the owner's
notice under section 12(c)(2) of this chapter, if the personal property
has not been otherwise disposed of in a manner described in section
12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner enforcing the
owner's lien shall prepare for a sale of the personal property under
this section.
(b) Except as otherwise permitted under subsection (c), the owner
shall cause an advertisement of sale to be published one (1) time
before the date of the sale in a newspaper of general circulation in
the county in which the self-service storage facility is located. The
advertisement must include:
(1) a statement that the personal property stored in the renter's
rented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number or
other designation (if any) of the space where the personal
property is located, and the name of the renter;
(3) the manner of the sale; and
(4) the time and place of the sale, as applicable.
(c) As an alternative to the publication described in subsection
(b), the owner may advertise the sale in any other commercially
reasonable manner that is likely to attract at least three (3)
independent bidders to the sale. An advertisement by an alternative
method permitted under this section must include the information
required under subsection (b)(1) through (b)(4).
(d) The sale must be held at least ten (10) days after:
(1) the publication under subsection (b); or
(2) the first publication, transmission, or communication of an
advertisement under subsection (c);
as applicable. If, after the publication, transmission, or other
communication of notice under this section, the sale of the personal
property is not consummated, the owner shall notify the renter in
writing at the renter's last known address of the other disposition the
owner intends for the property.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014,
SEC.6.
IC 26-3-8-15
Sale of personal property at physical location or through Internet;
owner as buyer; proceeds of sale
Sec. 15. (a) Any sale of the personal property under this chapter
shall be held:
(1) at the self-service storage facility or, if that facility is not a
suitable place for a sale, at the suitable place nearest to where
the property is held or stored; or
(2) through a publicly accessible Internet web site.
(b) The owner may buy the personal property at any sale under
this chapter.
(c) An owner may satisfy the owner's lien from the proceeds of a
sale under this chapter. If the proceeds of a sale under this chapter
exceed the amount of the owner's lien, the owner shall hold the
balance for delivery, upon demand, to the renter. If the renter does
not claim the balance of the proceeds within one (1) year after the
sale, the balance shall be treated as unclaimed property under
IC 32-34-1.
As added by P.L.265-1987, SEC.1. Amended by P.L.31-1995, SEC.6;
P.L.2-2002, SEC.81; P.L.144-2014, SEC.7.
IC 26-3-8-16
Rights and obligations of parties; limit on value of property stored
Sec. 16. (a) This chapter does not impair the power of the parties
to a rental agreement to create rights, duties, or obligations that do
not arise from this chapter. The rights provided to an owner by this
chapter are in addition to all other rights provided by law to a
creditor against a debtor.
(b) A rental agreement may specify a limit on the value of
personal property that may be stored in a renter's rented space. If a
rental agreement specifies a limit on the value of stored personal
property under this subsection, the limit specified in the rental
agreement is considered the maximum value of the renter's personal
property stored in the renter's rented space.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014,
SEC.8.
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