CHAPTER 8. SELF-SERVICE STORAGE FACILITIES
IC 26-3-8
Chapter 8. Self-Service Storage Facilities
IC 26-3-8-1
"Default" defined
Sec. 1. As used in this chapter, "default" means the failure of arenter to perform, in a timely fashion, any duty imposed by section10 of this chapter or by a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-2
"Emergency" defined
Sec. 2. As used in this chapter, "emergency" means any sudden,unexpected occurrence or circumstance at or near a self-servicestorage facility that requires immediate action to avoid injury topersons or property at or near the self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-3
"Last known address" defined
Sec. 3. As used in this chapter, "last known address" means theaddress provided to the owner by the renter:
(1) for the purposes of the latest rental agreement; or
(2) in a written notice of a change of address after the latestrental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-4
"Rented space" defined
Sec. 4. As used in this chapter, "rented space" means theindividual storage space at a self-service storage facility that is rentedto a renter under a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-5
"Renter" defined
Sec. 5. As used in this chapter, "renter" means:
(1) a person who is entitled to the use of a rented space in aself-service storage facility under a rental agreement; or
(2) the sublessee, successor, or assignee of a person describedin subdivision (1).
As added by P.L.265-1987, SEC.1.
IC 26-3-8-6
"Owner" defined
Sec. 6. As used in this chapter, "owner" means:
(1) the owner, operator, lessor, or sublessor of a self-servicestorage facility;
(2) the agent of a person described in subdivision (1); or
(3) any person authorized by a person described in subdivision
(1) to manage a self-service storage facility or to receive rentfrom a renter under a rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.5-1988,SEC.140.
IC 26-3-8-7
"Personal property" defined
Sec. 7. As used in this chapter, "personal property" meansmovable property not affixed to land. The term includes goods,wares, merchandise, and household items.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-8
"Rental agreement" defined
Sec. 8. As used in this chapter, "rental agreement" means anywritten agreement or lease that establishes or modifies the termsunder which a renter may store personal property in a rented spacein a self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-9
"Self-service storage facility" defined
Sec. 9. As used in this chapter, "self-service storage facility"means any real property designed and used for the renting of spaceunder a rental agreement that provides a renter access to rented spacefor the storage and retrieval of personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-10
Entry of owner into rented space
Sec. 10. A renter, upon a reasonable request from the owner, shallallow the owner to enter a rented space for the purpose of:
(1) inspection;
(2) repair;
(3) alteration;
(4) improvement; or
(5) providing other services that are necessary or were agreedto by the renter.
If an emergency occurs, an owner may enter a rented space for anypurpose set forth in this section without notice to or consent from therenter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-11
Lien of owner of facility upon personal property; priority;attachment; statement
Sec. 11. (a) The owner of a self-service storage facility has a lienupon all personal property present in the self-service storage facilityfor:
(1) rent, labor, or other charges that accrue in connection with
the personal property under the rental agreement;
(2) expenses necessary for the preservation of the personalproperty; and
(3) expenses reasonably incurred in the sale or other dispositionof the personal property under this chapter.
(b) The lien described in subsection (a) is superior to any otherlien or security interest, except for:
(1) a lien or security interest perfected before any sale or otherdisposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date onwhich personal property is placed in a rented space. Every rentalagreement must contain a statement in bold type notifying the renterof the existence of the lien and of the method by which the ownermay enforce the lien under this chapter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-12
Enforcement of owner's lien; notice
Sec. 12. (a) After a renter has been in default continuously forthirty (30) days, an owner may begin enforcement of the owner's lienunder this chapter.
(b) An owner enforcing the owner's lien under this chapter may:
(1) deny the renter access to the rented space; and
(2) move the renter's personal property from the rented space toanother storage space pending its redemption, sale, or otherdisposition under this chapter.
(c) An owner enforcing the owner's lien shall send the renter, byregistered or certified mail (return receipt requested) addressed to thelast known address of the renter, a written notice that includes:
(1) an itemized statement of the owner's claim showing theamount due at the time of the notice and the date when theamount became due;
(2) a demand for payment of the amount due before a specifiedtime at least thirty (30) days after the date of the mailing of thenotice;
(3) a statement that the contents of the renter's rented space aresubject to the owner's lien;
(4) a statement advising the renter that the owner has denied therenter access to the rented space, if the owner has done thisunder subsection (b);
(5) a statement advising the renter that the owner has removedthe renter's personal property from the rented space to anothersuitable storage space, if the owner has done this undersubsection (b);
(6) the name, street address, and telephone number of the owneror of any other person the renter may contact to respond to thenotice; and
(7) a conspicuous statement that unless the owner's claim ispaid within the time stated under subdivision (2), the personal
property will be advertised for sale, or will be otherwisedisposed of, at a specified place and time, which must be atleast ninety (90) days after the renter's default.
(d) Any sale or other disposition of the personal property toenforce the owner's lien must conform to the notice given undersubsection (c)(7).
As added by P.L.265-1987, SEC.1.
IC 26-3-8-13
Redemption of personal property
Sec. 13. Before any sale or other disposition of the personalproperty under this chapter, the renter may redeem the personalproperty by paying the owner an amount sufficient to satisfy theowner's lien. Upon the payment of this amount, the owner shallimmediately return the personal property to the renter. Afterreturning the personal property under this section, the owner has noliability to any person with respect to the personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-14
Sale of personal property; advertisement; notice of otherdisposition
Sec. 14. (a) After the expiration of the time stated in the owner'snotice under section 12(c)(2) of this chapter, if the personal propertyhas not been otherwise disposed of under a notice provided undersection 12(c)(7) of this chapter, an owner enforcing the owner's lienshall prepare for a sale of the personal property under this section.
(b) The owner shall cause an advertisement of sale to be publishedone (1) time before the date of the sale in a newspaper of generalcirculation in the county in which the self-service storage facility islocated. The advertisement must include:
(1) a statement that the personal property stored in the renter'srented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number orother designation (if any) of the space where the personalproperty is located, and the name of the renter; and
(3) the time, place, and manner of the sale.
(c) The sale must be held at least ten (10) days after thepublication under subsection (b). If, after the publication of noticeunder this section, the sale of the personal property is notconsummated, the owner shall notify the renter in writing at therenter's last known address of the other disposition the owner intendsfor the property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-15
Place of sale; owner as buyer; proceeds of sale
Sec. 15. (a) Any sale of the personal property under this chaptershall be held at the self-service storage facility or, if that facility isnot a suitable place for a sale, at the suitable place nearest to where
the property is held or stored.
(b) The owner may buy the personal property at any sale underthis chapter.
(c) An owner may satisfy the owner's lien from the proceeds of asale under this chapter. If the proceeds of a sale under this chapterexceed the amount of the owner's lien, the owner shall hold thebalance for delivery, upon demand, to the renter. If the renter doesnot claim the balance of the proceeds within one (1) year after thesale, the balance shall be treated as unclaimed property underIC 32-34-1.
As added by P.L.265-1987, SEC.1. Amended by P.L.31-1995, SEC.6;P.L.2-2002, SEC.81.
IC 26-3-8-16
Rental agreements; rights of owner additional to creditor's rights
Sec. 16. This chapter does not impair the power of the parties toa rental agreement to create rights, duties, or obligations that do notarise from this chapter. The rights provided to an owner by thischapter are in addition to all other rights provided by law to acreditor against a debtor.
As added by P.L.265-1987, SEC.1.