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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Self-Service Storage Facility Act is amended |
5 | | by changing Sections 2 and 4 as follows:
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6 | | (770 ILCS 95/2) (from Ch. 114, par. 802)
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7 | | Sec. 2. Definitions. As used in this Act, unless the |
8 | | context clearly
requires otherwise:
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9 | | (A) "Self-service storage facility" means any real |
10 | | property designed and
used for the purpose of renting or |
11 | | leasing individual storage space to occupants
who are to have |
12 | | access to such for the purpose of storing and removing personal
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13 | | property. A self-service storage facility is not a warehouse |
14 | | for purposes
of Article 7 of the Uniform Commercial Code.
If an |
15 | | owner issues any warehouse receipt, bill of lading, or other |
16 | | document
of title for the personal property stored,
the |
17 | | provisions of this Act do not apply.
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18 | | (B) "Owner" means the owner, operator, lessor, or sublessor |
19 | | of a self-service
storage facility, his agent, or any other |
20 | | person authorized by him to manage
the facility, or to receive |
21 | | rent from an occupant under a rental agreement.
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22 | | (C) "Occupant" means a person, his sublessee, successor, or |
23 | | assign, entitled
to the use of the storage space at a |
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1 | | self-service storage facility under
a rental agreement, to the |
2 | | exclusion of others.
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3 | | (D) "Rental agreement" means any agreement or lease, |
4 | | written or oral,
that establishes or modifies the terms, |
5 | | conditions, rules or any other provisions
concerning the use |
6 | | and occupancy of a self-service storage facility.
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7 | | (E) "Personal property" means movable property not affixed |
8 | | to land, and
includes, but is not limited to goods, |
9 | | merchandise, motor vehicles, watercraft, and household items.
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10 | | (F) "Last known address" means that mailing address or |
11 | | electronic mail address provided by the occupant in
the latest |
12 | | rental agreement, or the mailing address or electronic mail |
13 | | address provided by the occupant in
a subsequent written notice |
14 | | of a change of address.
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15 | | (G) "Late fee" means a charge assessed for an occupant's |
16 | | failure to pay rent when due. "Late fee" does not include |
17 | | interest on a debt, reasonable expenses incurred in the |
18 | | collection of unpaid rent, or costs associated with the |
19 | | enforcement of any other remedy provided by statute or |
20 | | contract. |
21 | | (H) "Verified mail" means any method of mailing that is |
22 | | offered by the United States Postal Service or private delivery |
23 | | service that provides evidence of mailing. |
24 | | (I) "Electronic mail" means the transmission of |
25 | | information or a communication by the use of a computer or |
26 | | other electronic means sent to a person identified by a unique |
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1 | | address and that is received by that person. |
2 | | (Source: P.A. 97-599, eff. 8-26-11.)
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3 | | (770 ILCS 95/4) (from Ch. 114, par. 804)
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4 | | Sec. 4. Enforcement of lien. An owner's lien as provided |
5 | | for in Section
3 of this Act for a claim which has become due |
6 | | may be satisfied as follows:
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7 | | (A) The occupant shall be notified;
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8 | | (B) The notice shall be delivered: |
9 | | (1) in person; or |
10 | | (2) by verified certified mail
or by electronic mail |
11 | | first-class mail with a certificate of mailing to the last |
12 | | known address of the occupant;
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13 | | (C) The notice shall include:
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14 | | (1) An itemized statement of the owner's claim showing |
15 | | the sum due at
the time of the notice and the date when the |
16 | | sum became due;
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17 | | (2) The name of the facility, address, telephone |
18 | | number, date, time, location, and manner of the lien sale, |
19 | | and the occupant's name and unit number;
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20 | | (3) A notice of denial of access to the personal |
21 | | property, if such denial
is permitted under the terms of |
22 | | the rental agreement, which provides the
name, street |
23 | | address, and telephone number of the owner, or his |
24 | | designated
agent, whom the occupant may contact to respond |
25 | | to this notice; |
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1 | | (3.5) Except as otherwise provided by a rental |
2 | | agreement and until a lien sale, the exclusive care, |
3 | | custody, and control of all personal property stored in the |
4 | | leased self-service storage space remains vested in the |
5 | | occupant. No bailment or higher level of liability is |
6 | | created if the owner over-locks the occupant's lock, |
7 | | thereby denying the occupant access to the storage space. |
8 | | Rent and other charges related to the lien continue to |
9 | | accrue during the period of time when access is denied |
10 | | because of non-payment;
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11 | | (4) A demand for payment within a specified time not |
12 | | less than 14 days
after delivery of the notice;
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13 | | (5) A conspicuous statement that unless the claim is |
14 | | paid within the time
stated in the notice, the personal |
15 | | property will be advertised for sale
or other disposition, |
16 | | and will be sold or otherwise disposed of at a specified
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17 | | time and place.
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18 | | (D) Any notice made pursuant to this Section shall be |
19 | | presumed delivered
when it is deposited with the United States |
20 | | Postal Service, and properly
addressed with postage prepaid or |
21 | | sent by electronic mail and the owner receives a receipt of |
22 | | delivery to the occupant's last known address, except if the |
23 | | owner does not receive a receipt of delivery for the notice |
24 | | sent by electronic mail, the notice is presumed delivered when |
25 | | it is sent to the occupant by verified mail to the occupant's |
26 | | last known mailing address ;
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1 | | (E) After the expiration of the time given in the notice, |
2 | | an advertisement
of the sale or other disposition shall be |
3 | | published once a week for two
consecutive weeks in a newspaper |
4 | | of general circulation where the self-service
storage facility |
5 | | is located. The advertisement shall include:
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6 | | (1) The name of the facility, address, telephone |
7 | | number, date, time, location, and manner of lien sale and |
8 | | the occupant's name and unit number.
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9 | | (2) (Blank).
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10 | | (3) The
sale or other disposition shall take place not |
11 | | sooner than 15 days after
the first publication. If there |
12 | | is no newspaper of general circulation
where the |
13 | | self-service storage facility is located, the |
14 | | advertisement shall
be posted at least 10 days before the |
15 | | date of the sale or other disposition
in not less than 6 |
16 | | conspicuous places in the neighborhood where the |
17 | | self-service
storage facility is located.
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18 | | (F) Any sale or other disposition of the personal property |
19 | | shall conform
to the terms of the notification as provided for |
20 | | in this Section;
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21 | | (G) Any sale or other disposition of the personal property |
22 | | shall be held
at the self-service storage facility, or at the |
23 | | nearest suitable place to
where the personal property is held |
24 | | or stored . A sale under this Section shall be deemed to be held |
25 | | at the self-service storage facility where the personal |
26 | | property is stored if the sale is held on a publicly accessible |
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1 | | online website ;
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2 | | (G-5) If the property upon which the lien is claimed is a |
3 | | motor vehicle or watercraft and rent or other charges related |
4 | | to the property remain unpaid or unsatisfied for 60 days, the |
5 | | owner may have the property towed from the self-service storage |
6 | | facility. If a motor vehicle or watercraft is towed, the owner |
7 | | shall not be liable for any damage to the motor vehicle or |
8 | | watercraft, once the tower takes possession of the property. |
9 | | After the motor vehicle or watercraft is towed, the owner may |
10 | | pursue other collection options against the delinquent |
11 | | occupant for any outstanding debt. If the owner chooses to sell |
12 | | a motor vehicle, aircraft, mobile home, moped, motorcycle, |
13 | | snowmobile, trailer, or watercraft, the owner shall contact the |
14 | | Secretary of State and any other governmental agency as |
15 | | reasonably necessary to determine the name and address of the |
16 | | title holder or lienholder of the item, and the owner shall |
17 | | notify every identified title holder or lienholder of the time |
18 | | and place of the proposed sale. The owner is required to notify |
19 | | the holder of a security interest only if the security interest |
20 | | is filed under the name of the person signing the rental |
21 | | agreement or an occupant. An owner who fails to make the lien |
22 | | searches required by this Section is liable only to valid |
23 | | lienholders injured by that failure as provided in Section 3; |
24 | | (H) Before any sale or other disposition of personal |
25 | | property pursuant
to this Section, the occupant may pay the |
26 | | amount necessary to satisfy the
lien, and the reasonable |
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1 | | expenses incurred under this Section, and thereby
redeem the |
2 | | personal property. Upon receipt of such payment, the owner |
3 | | shall
return the personal property, and thereafter the owner |
4 | | shall have no liability
to any person with respect to such |
5 | | personal property;
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6 | | (I) A purchaser in good faith of the personal property sold |
7 | | to satisfy
a lien, as provided for in Section 3 of this Act, |
8 | | takes the property free
of any rights of persons against whom |
9 | | the lien was valid, despite noncompliance
by the owner with the |
10 | | requirements of this Section;
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11 | | (J) In the event of a sale under this Section, the owner |
12 | | may satisfy his
lien from the proceeds of the sale, but shall |
13 | | hold the balance, if any,
for delivery on demand to the |
14 | | occupant. If the occupant does not claim
the balance of the |
15 | | proceeds within one year of the date of sale, it shall
become |
16 | | the property of the owner without further recourse by the |
17 | | occupant.
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18 | | (K) The lien on any personal property created by this Act |
19 | | shall be terminated
as to any such personal property which is |
20 | | sold or otherwise disposed of
pursuant to this Act and any such |
21 | | personal property which is removed from
the self-service |
22 | | storage facility. |
23 | | (L) If 3 or more bidders who are unrelated to the owner are |
24 | | in attendance at a sale held under this Section, the sale and |
25 | | its proceeds are deemed to be commercially reasonable.
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26 | | (Source: P.A. 97-599, eff. 8-26-11.)
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