Section 26-3-8-12 - Enforcement of owner's lien; notice; towing of motor vehicle, trailer, or watercraft(a) After a renter has been in default continuously for at least five (5) days, an owner may begin enforcement of the owner's lien under this chapter.(b) An owner enforcing the owner's lien under this chapter may:(1) deny the renter access to the self-service storage facility, including access to the rented space; and(2) move the renter's personal property from the rented space to another storage space pending the redemption, sale, or other disposition of the personal property under this chapter.(c) An owner enforcing the owner's lien shall send the renter, by electronic mail or verified mail and addressed to the last known address of the renter, a written notice that includes:(1) an itemized statement of the owner's claim showing the amount due at the time of the notice and the date when the amount became due;(2) a demand for payment of the amount due before a specified time at least thirty (30) days after the date of the mailing of the notice;(3) a statement that the contents of the renter's rented space are subject to the owner's lien;(4) a statement advising the renter that the owner has denied the renter access to the rented space, if the owner has done this under subsection (b);(5) a statement advising the renter that the owner has removed the renter's personal property from the rented space to another suitable storage space, if the owner has done this under subsection (b);(6) the name, street address, and telephone number of the owner or of any other person the renter may contact to respond to the notice; and(7) a conspicuous statement that unless the owner's claim is paid within the time stated under subdivision (2), the personal property: (A) will: (i) be advertised to be sold in a manner permitted under section 15 of this chapter; or(ii) be otherwise disposed of; at a specified place (if applicable) and time, which must be at least sixty (60) days after the renter's default; or
(B) will be disposed of in the manner described in subsection (d), if:(i) the renter's personal property stored in the rented space is a motor vehicle, trailer, or watercraft; and(ii) the owner chooses to dispose of the renter's motor vehicle, trailer, or watercraft in the manner permitted under subsection (d).(d) If: (1) the renter's personal property stored in the rented space is a motor vehicle, trailer, or watercraft; and(2) the renter does not pay the owner's claim within the time specified in subsection (c)(2); as an alternative to conducting a sale under section 15 of this chapter, the owner may cause the renter's motor vehicle, trailer, or watercraft to be towed or removed from the self-service storage facility.
(e) Any sale or other disposition of the personal property undertaken by the owner to enforce the owner's lien must be conducted in the same manner, and at the same place (if applicable) and time, specified by the owner in the notice given under subsection (c)(7).Amended by P.L. 93-2023,SEC. 3, eff. 7/1/2023.Amended by P.L. 144-2014, SEC. 5, eff. 7/1/2014.As added by P.L. 265-1987, SEC.1.