Illinois General Assembly - Full Text of SB2952
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Full Text of SB2952  98th General Assembly

SB2952enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB2952 EnrolledLRB098 16773 HEP 51842 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Self-Service Storage Facility Act is amended
5by changing Sections 2 and 4 as follows:
 
6    (770 ILCS 95/2)  (from Ch. 114, par. 802)
7    Sec. 2. Definitions. As used in this Act, unless the
8context clearly requires otherwise:
9    (A) "Self-service storage facility" means any real
10property designed and used for the purpose of renting or
11leasing individual storage space to occupants who are to have
12access to such for the purpose of storing and removing personal
13property. A self-service storage facility is not a warehouse
14for purposes of Article 7 of the Uniform Commercial Code. If an
15owner issues any warehouse receipt, bill of lading, or other
16document of title for the personal property stored, the
17provisions of this Act do not apply.
18    (B) "Owner" means the owner, operator, lessor, or sublessor
19of a self-service storage facility, his agent, or any other
20person authorized by him to manage the facility, or to receive
21rent from an occupant under a rental agreement.
22    (C) "Occupant" means a person, his sublessee, successor, or
23assign, entitled to the use of the storage space at a

 

 

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1self-service storage facility under a rental agreement, to the
2exclusion of others.
3    (D) "Rental agreement" means any agreement or lease,
4written or oral, that establishes or modifies the terms,
5conditions, rules or any other provisions concerning the use
6and occupancy of a self-service storage facility.
7    (E) "Personal property" means movable property not affixed
8to land, and includes, but is not limited to goods,
9merchandise, motor vehicles, watercraft, and household items.
10    (F) "Last known address" means that mailing address or
11electronic mail address provided by the occupant in the latest
12rental agreement, or the mailing address or electronic mail
13address provided by the occupant in a subsequent written notice
14of a change of address.
15    (G) "Late fee" means a charge assessed for an occupant's
16failure to pay rent when due. "Late fee" does not include
17interest on a debt, reasonable expenses incurred in the
18collection of unpaid rent, or costs associated with the
19enforcement of any other remedy provided by statute or
20contract.
21    (H) "Verified mail" means any method of mailing that is
22offered by the United States Postal Service or private delivery
23service that provides evidence of mailing.
24    (I) "Electronic mail" means the transmission of
25information or a communication by the use of a computer or
26other electronic means sent to a person identified by a unique

 

 

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1address and that is received by that person.
2(Source: P.A. 97-599, eff. 8-26-11.)
 
3    (770 ILCS 95/4)  (from Ch. 114, par. 804)
4    Sec. 4. Enforcement of lien. An owner's lien as provided
5for in Section 3 of this Act for a claim which has become due
6may be satisfied as follows:
7    (A) The occupant shall be notified;
8    (B) The notice shall be delivered:
9        (1) in person; or
10        (2) by verified certified mail or by electronic mail
11    first-class mail with a certificate of mailing to the last
12    known address of the occupant;
13    (C) The notice shall include:
14        (1) An itemized statement of the owner's claim showing
15    the sum due at the time of the notice and the date when the
16    sum became due;
17        (2) The name of the facility, address, telephone
18    number, date, time, location, and manner of the lien sale,
19    and the occupant's name and unit number;
20        (3) A notice of denial of access to the personal
21    property, if such denial is permitted under the terms of
22    the rental agreement, which provides the name, street
23    address, and telephone number of the owner, or his
24    designated agent, whom the occupant may contact to respond
25    to this notice;

 

 

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1        (3.5) Except as otherwise provided by a rental
2    agreement and until a lien sale, the exclusive care,
3    custody, and control of all personal property stored in the
4    leased self-service storage space remains vested in the
5    occupant. No bailment or higher level of liability is
6    created if the owner over-locks the occupant's lock,
7    thereby denying the occupant access to the storage space.
8    Rent and other charges related to the lien continue to
9    accrue during the period of time when access is denied
10    because of non-payment;
11        (4) A demand for payment within a specified time not
12    less than 14 days after delivery of the notice;
13        (5) A conspicuous statement that unless the claim is
14    paid within the time stated in the notice, the personal
15    property will be advertised for sale or other disposition,
16    and will be sold or otherwise disposed of at a specified
17    time and place.
18    (D) Any notice made pursuant to this Section shall be
19presumed delivered when it is deposited with the United States
20Postal Service, and properly addressed with postage prepaid or
21sent by electronic mail and the owner receives a receipt of
22delivery to the occupant's last known address, except if the
23owner does not receive a receipt of delivery for the notice
24sent by electronic mail, the notice is presumed delivered when
25it is sent to the occupant by verified mail to the occupant's
26last known mailing address;

 

 

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1    (E) After the expiration of the time given in the notice,
2an advertisement of the sale or other disposition shall be
3published once a week for two consecutive weeks in a newspaper
4of general circulation where the self-service storage facility
5is located. The advertisement shall include:
6        (1) The name of the facility, address, telephone
7    number, date, time, location, and manner of lien sale and
8    the occupant's name and unit number.
9        (2) (Blank).
10        (3) The sale or other disposition shall take place not
11    sooner than 15 days after the first publication. If there
12    is no newspaper of general circulation where the
13    self-service storage facility is located, the
14    advertisement shall be posted at least 10 days before the
15    date of the sale or other disposition in not less than 6
16    conspicuous places in the neighborhood where the
17    self-service storage facility is located.
18    (F) Any sale or other disposition of the personal property
19shall conform to the terms of the notification as provided for
20in this Section;
21    (G) Any sale or other disposition of the personal property
22shall be held at the self-service storage facility, or at the
23nearest suitable place to where the personal property is held
24or stored. A sale under this Section shall be deemed to be held
25at the self-service storage facility where the personal
26property is stored if the sale is held on a publicly accessible

 

 

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1online website;
2    (G-5) If the property upon which the lien is claimed is a
3motor vehicle or watercraft and rent or other charges related
4to the property remain unpaid or unsatisfied for 60 days, the
5owner may have the property towed from the self-service storage
6facility. If a motor vehicle or watercraft is towed, the owner
7shall not be liable for any damage to the motor vehicle or
8watercraft, once the tower takes possession of the property.
9After the motor vehicle or watercraft is towed, the owner may
10pursue other collection options against the delinquent
11occupant for any outstanding debt. If the owner chooses to sell
12a motor vehicle, aircraft, mobile home, moped, motorcycle,
13snowmobile, trailer, or watercraft, the owner shall contact the
14Secretary of State and any other governmental agency as
15reasonably necessary to determine the name and address of the
16title holder or lienholder of the item, and the owner shall
17notify every identified title holder or lienholder of the time
18and place of the proposed sale. The owner is required to notify
19the holder of a security interest only if the security interest
20is filed under the name of the person signing the rental
21agreement or an occupant. An owner who fails to make the lien
22searches required by this Section is liable only to valid
23lienholders injured by that failure as provided in Section 3;
24    (H) Before any sale or other disposition of personal
25property pursuant to this Section, the occupant may pay the
26amount necessary to satisfy the lien, and the reasonable

 

 

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1expenses incurred under this Section, and thereby redeem the
2personal property. Upon receipt of such payment, the owner
3shall return the personal property, and thereafter the owner
4shall have no liability to any person with respect to such
5personal property;
6    (I) A purchaser in good faith of the personal property sold
7to satisfy a lien, as provided for in Section 3 of this Act,
8takes the property free of any rights of persons against whom
9the lien was valid, despite noncompliance by the owner with the
10requirements of this Section;
11    (J) In the event of a sale under this Section, the owner
12may satisfy his lien from the proceeds of the sale, but shall
13hold the balance, if any, for delivery on demand to the
14occupant. If the occupant does not claim the balance of the
15proceeds within one year of the date of sale, it shall become
16the property of the owner without further recourse by the
17occupant.
18    (K) The lien on any personal property created by this Act
19shall be terminated as to any such personal property which is
20sold or otherwise disposed of pursuant to this Act and any such
21personal property which is removed from the self-service
22storage facility.
23    (L) If 3 or more bidders who are unrelated to the owner are
24in attendance at a sale held under this Section, the sale and
25its proceeds are deemed to be commercially reasonable.
26(Source: P.A. 97-599, eff. 8-26-11.)