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Public Act 097-0599
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| SB1394 Enrolled | LRB097 05496 AJO 45556 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Self-Service Storage Facility Act is amended |
by changing Sections 2 and 4 and by adding Sections 7.5 and |
7.10 as follows:
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(770 ILCS 95/2) (from Ch. 114, par. 802)
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Sec. 2. Definitions. As used in this Act, unless the |
context clearly
requires otherwise:
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(A) "Self-service storage facility" means any real |
property designed and
used for the purpose of renting or |
leasing individual storage space to occupants
who are to have |
access to such for the purpose of storing and removing personal
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property. A self-service storage facility is not a warehouse |
for purposes
of Article 7 of the Uniform Commercial Code.
If an |
owner issues any warehouse receipt, bill of lading, or other |
document
of title for the personal property stored,
the |
provisions of this Act do not apply.
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(B) "Owner" means the owner, operator, lessor, or sublessor |
of a self-service
storage facility, his agent, or any other |
person authorized by him to manage
the facility, or to receive |
rent from an occupant under a rental agreement.
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(C) "Occupant" means a person, his sublessee, successor, or |
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assign, entitled
to the use of the storage space at a |
self-service storage facility under
a rental agreement, to the |
exclusion of others.
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(D) "Rental agreement" means any agreement or lease, |
written or oral,
that establishes or modifies the terms, |
conditions, rules or any other provisions
concerning the use |
and occupancy of a self-service storage facility.
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(E) "Personal property" means movable property not affixed |
to land, and
includes, but is not limited to goods, |
merchandise, motor vehicles, watercraft, and household items.
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(F) "Last known address" means that address provided by the |
occupant in
the latest rental agreement, or the address |
provided by the occupant in
a subsequent written notice of a |
change of address.
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(G) "Late fee" means a charge assessed for an occupant's |
failure to pay rent when due. "Late fee" does not include |
interest on a debt, reasonable expenses incurred in the |
collection of unpaid rent, or costs associated with the |
enforcement of any other remedy provided by statute or |
contract. |
(Source: P.A. 83-800.)
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(770 ILCS 95/4) (from Ch. 114, par. 804)
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Sec. 4. Enforcement of lien. An owner's lien as provided |
for in Section
3 of this Act for a claim which has become due |
may be satisfied as follows:
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(A) The occupant shall be notified;
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(B) The notice shall be delivered: |
(1) in person; or |
(2) sent by certified mail
or by first-class mail with |
a certificate of mailing to the last known address of the |
occupant;
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(C) The notice shall include:
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(1) An itemized statement of the owner's claim showing |
the sum due at
the time of the notice and the date when the |
sum became due;
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(2) The name of the facility, address, telephone |
number, date, time, location, and manner of the lien sale, |
and the occupant's name and unit number; A brief and |
general description of the personal property subject to
the |
lien. The description shall be reasonably adequate to |
permit the person
notified to identify it, except that any |
container including, but not limited
to, a trunk, valise, |
or box that is locked, fastened, sealed, or tied in
a |
manner which deters immediate access to its contents may be |
described
as such without describing its contents;
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(3) A notice of denial of access to the personal property, |
if such denial
is permitted under the terms of the rental |
agreement, which provides the
name, street address, and |
telephone number of the owner, or his designated
agent, whom |
the occupant may contact to respond to this notice; |
(3.5) Except as otherwise provided by a rental agreement |
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and until a lien sale, the exclusive care, custody, and control |
of all personal property stored in the leased self-service |
storage space remains vested in the occupant. No bailment or |
higher level of liability is created if the owner over-locks |
the occupant's lock, thereby denying the occupant access to the |
storage space. Rent and other charges related to the lien |
continue to accrue during the period of time when access is |
denied because of non-payment;
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(4) A demand for payment within a specified time not less |
than 14 days
after delivery of the notice;
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(5) A conspicuous statement that unless the claim is paid |
within the time
stated in the notice, the personal property |
will be advertised for sale
or other disposition, and will be |
sold or otherwise disposed of at a specified
time and place.
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(D) Any notice made pursuant to this Section shall be |
presumed delivered
when it is deposited with the United States |
Postal Service, and properly
addressed with postage prepaid;
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(E) After the expiration of the time given in the notice, |
an advertisement
of the sale or other disposition shall be |
published once a week for two
consecutive weeks in a newspaper |
of general circulation where the self-service
storage facility |
is located. The advertisement shall include:
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(1) The name of the facility, address, telephone number, |
date, time, location, and manner of lien sale and the |
occupant's name and unit number. A brief and general |
description of the personal property reasonably
adequate to |
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permit its identification as provided for in division (C)(2)
of |
this Section;
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(2) (Blank). The address of the self-service storage |
facility and the number, if
any, of the space where the |
personal property is located and the name of the occupant;
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(3) The time, place, and manner of the sale or other |
disposition. The
sale or other disposition shall take place not |
sooner than 15 days after
the first publication. If there is no |
newspaper of general circulation
where the self-service |
storage facility is located, the advertisement shall
be posted |
at least 10 days before the date of the sale or other |
disposition
in not less than 6 conspicuous places in the |
neighborhood where the self-service
storage facility is |
located.
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(F) Any sale or other disposition of the personal property |
shall conform
to the terms of the notification as provided for |
in this Section;
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(G) Any sale or other disposition of the personal property |
shall be held
at the self-service storage facility, or at the |
nearest suitable place to
where the personal property is held |
or stored;
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(G-5) If the property upon which the lien is claimed is a |
motor vehicle or watercraft and rent or other charges related |
to the property remain unpaid or unsatisfied for 60 days, the |
owner may have the property towed from the self-service storage |
facility. If a motor vehicle or watercraft is towed, the owner |
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shall not be liable for any damage to the motor vehicle or |
watercraft, once the tower takes possession of the property. |
After the motor vehicle or watercraft is towed, the owner may |
pursue other collection options against the delinquent |
occupant for any outstanding debt. If the owner chooses to sell |
a motor vehicle, aircraft, mobile home, moped, motorcycle, |
snowmobile, trailer, or watercraft, the owner shall contact the |
Secretary of State and any other governmental agency as |
reasonably necessary to determine the name and address of the |
title holder or lienholder of the item, and the owner shall |
notify every identified title holder or lienholder of the time |
and place of the proposed sale. The owner is required to notify |
the holder of a security interest only if the security interest |
is filed under the name of the person signing the rental |
agreement or an occupant. An owner who fails to make the lien |
searches required by this Section is liable only to valid |
lienholders injured by that failure as provided in Section 3; |
(H) Before any sale or other disposition of personal |
property pursuant
to this Section, the occupant may pay the |
amount necessary to satisfy the
lien, and the reasonable |
expenses incurred under this Section, and thereby
redeem the |
personal property. Upon receipt of such payment, the owner |
shall
return the personal property, and thereafter the owner |
shall have no liability
to any person with respect to such |
personal property;
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(I) A purchaser in good faith of the personal property sold |
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to satisfy
a lien, as provided for in Section 3 of this Act, |
takes the property free
of any rights of persons against whom |
the lien was valid, despite noncompliance
by the owner with the |
requirements of this Section;
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(J) In the event of a sale under this Section, the owner |
may satisfy his
lien from the proceeds of the sale, but shall |
hold the balance, if any,
for delivery on demand to the |
occupant. If the occupant does not claim
the balance of the |
proceeds within one year two years of the date of sale, it |
shall
become the property of the owner without further recourse |
by the occupant.
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(K) The lien on any personal property created by this Act |
shall be terminated
as to any such personal property which is |
sold or otherwise disposed of
pursuant to this Act and any such |
personal property which is removed from
the self-service |
storage facility. |
(L) If 3 or more bidders who are unrelated to the owner are |
in attendance at a sale held under this Section, the sale and |
its proceeds are deemed to be commercially reasonable.
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(Source: P.A. 83-800.)
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(770 ILCS 95/7.5 new) |
Sec. 7.5. Limitation of value. If the rental agreement |
contains a limit on the value of property that may be stored in |
the occupant's space, this limit is deemed to be the maximum |
value of the stored property, provided that this limit |
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provision must be printed in bold type or underlined in the |
rental agreement in order to be enforceable. In addition to the |
remedies otherwise provided by law, only the occupant listed on |
the last known rental agreement injured by a violation of this |
Act may bring a civil action to recover damages.
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(770 ILCS 95/7.10 new) |
Sec. 7.10. Late fees. |
(a) A reasonable late fee may be imposed and collected by |
an owner for each service period that an occupant does not pay |
rent when due under a rental agreement, provided that the due |
date for the rental payment is not earlier than the day before |
the first day of the service period to which the rental payment |
applies. No late payment fee shall be assessed unless the |
rental fee remains unpaid for at least 5 days after the date |
specified in the rental agreement for payment of the rental |
fee. |
(b) No late fee may be collected pursuant to this Section |
unless the amount of that fee and the conditions for imposing |
that fee are stated in the rental agreement or in an addendum |
to that agreement. |
(c) For purposes of this Section, a late fee of $20 or 20% |
of the rental fee for each month an occupant does not pay rent, |
whichever is greater, is deemed reasonable and does not |
constitute a penalty. |
(d) Any reasonable expense incurred as a result of rent |