2010 Rhode Island Code
Title 34 Property
CHAPTER 34-42 Self-Service Storage Facilities
§ 34-42-4 Enforcement of owner's lien.

§ 34-42-4 Enforcement of owner's lien. – (a) After default, an owner may deny an occupant access to the storage space, terminate the right of the occupant to use the storage space, enter the storage space and remove any personal property found therein to a place of safekeeping, and enforce its lien by selling the stored property at a public or private sale, in accordance with the following procedure:

(1) No sooner than thirty (30) days after default, but before the owner takes any action to enforce its lien, the occupant and all other persons known to claim an interest in the personal property stored shall be notified. The notice shall be delivered in person or sent by certified mail, return receipt requested, to the person or persons to be notified. The notice shall include: (A) an itemized statement of the claim showing the sums due at the time of the notice and the date when the sums became due; (B) a statement that, based on the default, the owner has the right to deny the occupant access to the leased space; (C) a general description of the personal property subject to the lien if known; (D) a demand for payment of the claim by a specified date not less than thirty (30) days after mailing of the notice; (E) a conspicuous statement that unless the claim is paid by the specified date, the occupant's right to use the storage space will terminate, and the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place; and (F) the name, street address, and telephone number of the owner who the occupant may contact to respond to the notice.

(2) If the owner is not able to obtain personal service on those persons entitled to notice or if the certified mail return receipt is not signed by the person to whom notice must be sent then the owner shall be required to give notice by publication once a week for three (3) successive weeks in a newspaper of general circulation in the city or town where the person to receive the notice was last known to reside.

(3) When notice is by publication, the notice does not have to include an itemized statement of the claim but only a statement as to the amount of money due or the time of the final notice, nor is a general description of the personal property subject to the lien required. The demand for payment of the claim by a specified date shall set forth a date no less than thirty (30) days after the date of the published notice.

(b) Once notice is sent to an occupant, the owner may deny the occupant access to the leased space in a reasonable and peaceful manner; provided, however, that the occupant may have access at any time for the sole purpose of viewing the contents of his or her leased space to verify the contents thereof.

(c) After expiration of the time given in the notice, if the claim has not been paid in full as demanded, the occupant's right to use the storage space terminates, and the owner may enter the storage space and remove any personal property found therein to a place of safekeeping.

(d) After expiration of the time given in the notice, if the claim has not been paid in full as demanded and the owner wishes to sell the personal property to satisfy its lien, an advertisement of the sale must be published once a week for two (2) consecutive weeks in a newspaper of general circulation where the sale is to be held. The advertisement must include a general description of the personal property, the name of the person on whose account it is being stored and the time and place of sale. The sale must take place no sooner than ten (10) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the neighborhood of the proposed sale.

(e) The sale shall be held at the self-service storage facility or the nearest suitable place and it shall conform to the terms of the notification.

(f) Before a sale of personal property, any person claiming a right to the personal property may pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the owner to redeem the personal property. Upon receipt of this payment, the owner shall release the personal property to the payor and have no further liability to any person with respect to the personal property.

(g) The owner may buy at any sale of personal property pursuant to this section to enforce the owner's lien.

(h) A purchaser in good faith of the personal property sold to enforce the owner's lien takes the personal property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section.

(i) The owner may satisfy its lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom it would have been bound to deliver the personal property. If the other party does not claim the balance of the proceeds within two (2) years of the date of the sale, it shall eschew to the state.

(j) The owner shall be liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.
History of Section.
(P.L. 1985, ch. 401, § 1.)