Idaho TITLE 55
PROPERTY IN GENERAL
CHAPTER 23
SELF-SERVICE STORAGE FACILITIES
55-2301. DEFINITIONS. As used in this chapter:
(1) "Default" means the failure to perform, on
time, any obligation or
duty set forth in the rental agreement.
(2) "Last known address" means that address
provided by the lessee in the
rental agreement or the address provided by lessee to the
operator in a
subsequent written notice of a change of address.
(3) "Leased space" means the individual storage
space at the self-service
storage facility which is or may be rented to a lessee
pursuant to a rental
agreement.
(4) "Lessee" means a person, sublessee,
successor, or assignee entitled
to the use of a leased space at a self-service storage
facility under a rental
agreement.
(5) "Operator" means any person authorized by
the owner to manage the
facility.
(6) "Owner" means the person who holds legal
title to the self-service
storage facility. An owner may also be an operator.
(7) "Personal property" means those items
placed within the leased space
and includes, but is not limited to, goods, wares,
merchandise, motor
vehicles, watercraft and household items and furnishings.
(8) "Rental agreement" means a signed, written
agreement or contract that
establishes conditions or rules concerning the use and
occupancy by a lessee
of a self-service storage facility and includes any
signed written amendment
to such an agreement.
(9) "Self-service storage facility" means any
real property used for
renting or leasing individual storage space in which the
lessees themselves
store and remove their own personal property on a
"self-service" basis.
55-2302. RESTRICTIVE USE OF TERMS. A self-service storage
facility is not
a warehouse or a public utility.
55-2303. RESTRICTIONS ON USE OF LEASED SPACE. (1) An
operator may not
knowingly permit a leased space to be used for
residential purposes.
(2) A lessee may not use a leased space for residential
purposes.
55-2304. RENTAL AGREEMENT. (1) From and after July 1,
1990, any operator
offering storage spaces in a self-service storage
facility for rent shall
provide a written rental agreement which shall be
executed by the operator and
the lessee. The operator of a self-storage facility shall
provide a lessee
with a copy of the rental agreement at the time of the
rental.
(2) The rental agreement shall contain a conspicuous
statement advising
the lessee:
(a) Of the existence of the lien;
(b) That the property in the leased space may be sold to
satisfy the lien
if the lessee is in default; and
(c) That the personal property stored in a storage space
will not be
insured unless the lessee obtains insurance on his
property.
(3) The rental agreement shall contain a provision
requiring the lessee
to disclose any lienholders or secured parties who have
an interest in
property that is stored in the self-service storage
facility.
55-2305. LIEN CREATED. The owner of a self-[service]
storage facility,
his heirs, executors, administrators, successors, and
assigns shall have a
lien on all personal property stored within each leased
space located at the
self-service storage facility for rent, labor, or other
charges, present or
future, and for expenses reasonably incurred in enforcing
the lien.
Self-[service] storage facility liens shall be brought
exclusively under the
provisions of this chapter.
55-2306. ENFORCEMENT OF LIEN. (1) Action to enforce a
lienholder's claim
which has become due against a lessee and which is
secured by the owner's lien
may be taken by the owner or operator after the lessee
has been in default of
the rental agreement continuously for a period of sixty
(60) days.
(2) The operator shall send notice by certified mail to
the lessee at his
last known address and to all persons disclosed by the
lessee as claiming a
security interest in the stored property. The notice
shall include:
(a) The name, address and telephone number of the person
claiming the
lien;
(b) An itemized statement of the lienholder's claim
showing the sum due
at the time of the notice and the date when the sum
became due;
(c) A demand for payment within a time specified, not
less than ten (10)
days after mailing of the notice;
(d) A statement that unless the claim is paid within the
time stated in
the notice, the personal property shall be advertised for
sale and shall
be sold at a specified time and place, but which shall
not be sooner than
ten (10) days after the first publication;
(e) A brief and general description of the goods subject
to the lien; and
(f) Notification that the operator may deny access by the
lessee to his
personal property until the lien has been satisfied.
(3) Upon expiration of the time specified in subsection
(2)(c) of this
section, an advertisement of the sale shall be published
once a week for two
(2) consecutive weeks in a newspaper of general
circulation in the county
where the self-service storage facility is located. The
advertisement shall
include:
(a) The location, date, time and manner of the sale of
the property
stored in the self-service facility;
(b) A brief and general description of the personal
property; and
(c) The name and last known address of the lessee.
(4) At any time before the advertised sale of the
personal property has
been conducted, the lessee or any other person may pay
the amount necessary to
satisfy the lien, including all documented and verifiable
labor and expenses
incurred in enforcing the lien.
(5) In the event of a sale, the operator shall:
(a) Ensure that the sale is conducted in conformance with
the terms of
the published notice;
(b) Identify the specific properties and disclose the
names and addresses
provided by the lessee, of persons claiming a security
interest in the
specified properties; and
(c) Comply with the provisions of chapter 17, title 49,
Idaho Code, when
foreclosing on titled vehicles.
(6) The proceeds of the sale must be applied to the
discharge of the lien
and costs. The remainder, if any, shall be paid over to
the lessee or any
other person authorized in writing by the lessee to claim
the balance.
55-2307. SEVERABILITY. The provisions of this act are
hereby declared to
be severable and if any provision of this act or the
application of such
provision to any person or circumstance is declared
invalid for any reason,
such declaration shall not affect the validity of
remaining portions of this
act.
DISCLAIMER: Please Note: With respect
to the documents available from this site or server,
neither myself nor any employees, makes any warranty,
express or implied, including the warranties of
merchantability and fitness for a particular purpose, or
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that its use would not infringe privately-owned rights.
This information is provided for informational purposes
only. Please seek legal counsel for help on
interpretation of individual statutes.
Contact Ron VanVarden
Member
Self Storage Association
California Self Storage Association (Central Valley Territory Leader)