Full Text of HB3823 102nd General Assembly
HB3823eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Self-Service Storage Facility Act is | 5 | | amended by changing Section 4 as follows:
| 6 | | (770 ILCS 95/4) (from Ch. 114, par. 804)
| 7 | | Sec. 4. Enforcement of lien. An owner's lien as provided | 8 | | for in Section
3 of this Act for a claim which has become due | 9 | | may be satisfied as follows:
| 10 | | (A) The occupant shall be notified;
| 11 | | (B) The notice shall be delivered: | 12 | | (1) in person; or | 13 | | (2) by verified mail
or by electronic mail to the last | 14 | | known address of the occupant;
| 15 | | (C) The notice shall include:
| 16 | | (1) An itemized statement of the owner's claim showing | 17 | | the sum due at
the time of the notice and the date when the | 18 | | sum became due;
| 19 | | (2) The name of the facility, address, telephone | 20 | | number, date, time, location, and manner of the lien sale, | 21 | | and the occupant's name and unit number;
| 22 | | (3) A notice of denial of access to the personal | 23 | | property, if such denial
is permitted under the terms of |
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| 1 | | the rental agreement, which provides the
name, street | 2 | | address, and telephone number of the owner, or his | 3 | | designated
agent, whom the occupant may contact to respond | 4 | | to this notice; | 5 | | (3.5) Except as otherwise provided by a rental | 6 | | agreement and until a lien sale, the exclusive care, | 7 | | custody, and control of all personal property stored in | 8 | | the leased self-service storage space remains vested in | 9 | | the occupant. No bailment or higher level of liability is | 10 | | created if the owner over-locks the occupant's lock, | 11 | | thereby denying the occupant access to the storage space. | 12 | | Rent and other charges related to the lien continue to | 13 | | accrue during the period of time when access is denied | 14 | | because of non-payment;
| 15 | | (4) A demand for payment within a specified time not | 16 | | less than 14 days
after delivery of the notice;
| 17 | | (5) A conspicuous statement that unless the claim is | 18 | | paid within the time
stated in the notice, the personal | 19 | | property will be advertised for sale
or other disposition, | 20 | | and will be sold or otherwise disposed of at a specified
| 21 | | time and place.
| 22 | | (D) Any notice made pursuant to this Section shall be | 23 | | presumed delivered
when it is deposited with the United States | 24 | | Postal Service, and properly
addressed with postage prepaid or | 25 | | sent by electronic mail and the owner receives a receipt of | 26 | | delivery to the occupant's last known address, except if the |
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| 1 | | owner does not receive a receipt of delivery for the notice | 2 | | sent by electronic mail, the notice is presumed delivered when | 3 | | it is sent to the occupant by verified mail to the occupant's | 4 | | last known mailing address;
| 5 | | (E) After the expiration of the time given in the notice, | 6 | | an advertisement
of the sale or other disposition shall be | 7 | | published once a week for two
consecutive weeks in a newspaper | 8 | | of general circulation where the self-service
storage facility | 9 | | is located or in any other commercially reasonable manner. The | 10 | | manner of advertisement shall be deemed commercially | 11 | | reasonable if at least 3 bidders who are unrelated to the owner | 12 | | attend or view the sale at the time and place advertised . The | 13 | | advertisement shall include:
| 14 | | (1) The name of the facility, address, telephone | 15 | | number, date, time, location, and manner of lien sale and | 16 | | the occupant's name and unit number.
| 17 | | (2) (Blank).
| 18 | | (3) The
sale or other disposition shall take place not | 19 | | sooner than 15 days after
the first publication. If there | 20 | | is no newspaper of general circulation
where the | 21 | | self-service storage facility is located, the | 22 | | advertisement shall
be posted at least 10 days before the | 23 | | date of the sale or other disposition
in not less than 6 | 24 | | conspicuous places in the neighborhood where the | 25 | | self-service
storage facility is located.
| 26 | | (F) Any sale or other disposition of the personal property |
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| 1 | | shall conform
to the terms of the notification as provided for | 2 | | in this Section;
| 3 | | (G) Any sale or other disposition of the personal property | 4 | | shall be held
at the self-service storage facility, or at the | 5 | | nearest suitable place to
where the personal property is held | 6 | | or stored. A sale under this Section shall be deemed to be held | 7 | | at the self-service storage facility where the personal | 8 | | property is stored if the sale is held on a publicly accessible | 9 | | online website;
| 10 | | (G-5) If the property upon which the lien is claimed is a | 11 | | motor vehicle or watercraft and rent or other charges related | 12 | | to the property remain unpaid or unsatisfied for 60 days, the | 13 | | owner may have the property towed from the self-service | 14 | | storage facility. If a motor vehicle or watercraft is towed, | 15 | | the owner shall not be liable for any damage to the motor | 16 | | vehicle or watercraft, once the tower takes possession of the | 17 | | property. After the motor vehicle or watercraft is towed, the | 18 | | owner may pursue other collection options against the | 19 | | delinquent occupant for any outstanding debt. If the owner | 20 | | chooses to sell a motor vehicle, aircraft, mobile home, moped, | 21 | | motorcycle, snowmobile, trailer, or watercraft, the owner | 22 | | shall contact the Secretary of State and any other | 23 | | governmental agency as reasonably necessary to determine the | 24 | | name and address of the title holder or lienholder of the item, | 25 | | and the owner shall notify every identified title holder or | 26 | | lienholder of the time and place of the proposed sale. The |
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| 1 | | owner is required to notify the holder of a security interest | 2 | | only if the security interest is filed under the name of the | 3 | | person signing the rental agreement or an occupant. An owner | 4 | | who fails to make the lien searches required by this Section is | 5 | | liable only to valid lienholders injured by that failure as | 6 | | provided in Section 3; | 7 | | (H) Before any sale or other disposition of personal | 8 | | property pursuant
to this Section, the occupant may pay the | 9 | | amount necessary to satisfy the
lien, and the reasonable | 10 | | expenses incurred under this Section, and thereby
redeem the | 11 | | personal property. Upon receipt of such payment, the owner | 12 | | shall
return the personal property, and thereafter the owner | 13 | | shall have no liability
to any person with respect to such | 14 | | personal property;
| 15 | | (I) A purchaser in good faith of the personal property | 16 | | sold to satisfy
a lien, as provided for in Section 3 of this | 17 | | Act, takes the property free
of any rights of persons against | 18 | | whom the lien was valid, despite noncompliance
by the owner | 19 | | with the requirements of this Section;
| 20 | | (J) In the event of a sale under this Section, the owner | 21 | | may satisfy his
lien from the proceeds of the sale, but shall | 22 | | hold the balance, if any,
for delivery on demand to the | 23 | | occupant. If the occupant does not claim
the balance of the | 24 | | proceeds within one year of the date of sale, it shall
become | 25 | | the property of the owner without further recourse by the | 26 | | occupant.
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| 1 | | (K) The lien on any personal property created by this Act | 2 | | shall be terminated
as to any such personal property which is | 3 | | sold or otherwise disposed of
pursuant to this Act and any such | 4 | | personal property which is removed from
the self-service | 5 | | storage facility. | 6 | | (L) If 3 or more bidders who are unrelated to the owner are | 7 | | in attendance at a sale held under this Section, the sale and | 8 | | its proceeds are deemed to be commercially reasonable.
| 9 | | (Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15 .)
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