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| Public Act 098-1106 | ||||
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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 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 | ||||
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 mailing address or | ||
electronic mail address provided by the occupant in
the latest | ||
rental agreement, or the mailing address or electronic mail | ||
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. | ||
(H) "Verified mail" means any method of mailing that is | ||
offered by the United States Postal Service or private delivery | ||
service that provides evidence of mailing. | ||
(I) "Electronic mail" means the transmission of | ||
information or a communication by the use of a computer or | ||
other electronic means sent to a person identified by a unique | ||
address and that is received by that person. | ||
(Source: P.A. 97-599, eff. 8-26-11.)
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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) by verified certified mail
or by electronic mail | ||
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;
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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 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
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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 or | ||
sent by electronic mail and the owner receives a receipt of | ||
delivery to the occupant's last known address, except if the | ||
owner does not receive a receipt of delivery for the notice | ||
sent by electronic mail, the notice is presumed delivered when | ||
it is sent to the occupant by verified mail to the occupant's | ||
last known mailing address;
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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.
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(2) (Blank).
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(3) 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. A sale under this Section shall be deemed to be held | ||
at the self-service storage facility where the personal | ||
property is stored if the sale is held on a publicly accessible | ||
online website;
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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 | ||
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 | ||
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 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. 97-599, eff. 8-26-11.)
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