Full Text of SB2952 98th General Assembly
SB2952enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Self-Service Storage Facility Act is amended | 5 | | by 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 | 8 | | context clearly
requires otherwise:
| 9 | | (A) "Self-service storage facility" means any real | 10 | | property designed and
used for the purpose of renting or | 11 | | leasing individual storage space to occupants
who are to have | 12 | | access to such for the purpose of storing and removing personal
| 13 | | property. A self-service storage facility is not a warehouse | 14 | | for purposes
of Article 7 of the Uniform Commercial Code.
If an | 15 | | owner issues any warehouse receipt, bill of lading, or other | 16 | | document
of title for the personal property stored,
the | 17 | | provisions of this Act do not apply.
| 18 | | (B) "Owner" means the owner, operator, lessor, or sublessor | 19 | | of a self-service
storage facility, his agent, or any other | 20 | | person authorized by him to manage
the facility, or to receive | 21 | | rent from an occupant under a rental agreement.
| 22 | | (C) "Occupant" means a person, his sublessee, successor, or | 23 | | assign, entitled
to the use of the storage space at a |
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| 1 | | self-service storage facility under
a rental agreement, to the | 2 | | exclusion of others.
| 3 | | (D) "Rental agreement" means any agreement or lease, | 4 | | written or oral,
that establishes or modifies the terms, | 5 | | conditions, rules or any other provisions
concerning the use | 6 | | and occupancy of a self-service storage facility.
| 7 | | (E) "Personal property" means movable property not affixed | 8 | | to land, and
includes, but is not limited to goods, | 9 | | merchandise, motor vehicles, watercraft, and household items.
| 10 | | (F) "Last known address" means that mailing address or | 11 | | electronic mail address provided by the occupant in
the latest | 12 | | rental agreement, or the mailing address or electronic mail | 13 | | address provided by the occupant in
a subsequent written notice | 14 | | of a change of address.
| 15 | | (G) "Late fee" means a charge assessed for an occupant's | 16 | | failure to pay rent when due. "Late fee" does not include | 17 | | interest on a debt, reasonable expenses incurred in the | 18 | | collection of unpaid rent, or costs associated with the | 19 | | enforcement of any other remedy provided by statute or | 20 | | contract. | 21 | | (H) "Verified mail" means any method of mailing that is | 22 | | offered by the United States Postal Service or private delivery | 23 | | service that provides evidence of mailing. | 24 | | (I) "Electronic mail" means the transmission of | 25 | | information or a communication by the use of a computer or | 26 | | other electronic means sent to a person identified by a unique |
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| 1 | | address 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 | 5 | | for in Section
3 of this Act for a claim which has become due | 6 | | may 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 | 19 | | presumed delivered
when it is deposited with the United States | 20 | | Postal Service, and properly
addressed with postage prepaid or | 21 | | sent by electronic mail and the owner receives a receipt of | 22 | | delivery to the occupant's last known address, except if the | 23 | | owner does not receive a receipt of delivery for the notice | 24 | | sent by electronic mail, the notice is presumed delivered when | 25 | | it is sent to the occupant by verified mail to the occupant's | 26 | | last known mailing address ;
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| 1 | | (E) After the expiration of the time given in the notice, | 2 | | an advertisement
of the sale or other disposition shall be | 3 | | published once a week for two
consecutive weeks in a newspaper | 4 | | of general circulation where the self-service
storage facility | 5 | | is 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 | 19 | | shall conform
to the terms of the notification as provided for | 20 | | in this Section;
| 21 | | (G) Any sale or other disposition of the personal property | 22 | | shall be held
at the self-service storage facility, or at the | 23 | | nearest suitable place to
where the personal property is held | 24 | | or stored . A sale under this Section shall be deemed to be held | 25 | | at the self-service storage facility where the personal | 26 | | property is stored if the sale is held on a publicly accessible |
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| 1 | | online website ;
| 2 | | (G-5) If the property upon which the lien is claimed is a | 3 | | motor vehicle or watercraft and rent or other charges related | 4 | | to the property remain unpaid or unsatisfied for 60 days, the | 5 | | owner may have the property towed from the self-service storage | 6 | | facility. If a motor vehicle or watercraft is towed, the owner | 7 | | shall not be liable for any damage to the motor vehicle or | 8 | | watercraft, once the tower takes possession of the property. | 9 | | After the motor vehicle or watercraft is towed, the owner may | 10 | | pursue other collection options against the delinquent | 11 | | occupant for any outstanding debt. If the owner chooses to sell | 12 | | a motor vehicle, aircraft, mobile home, moped, motorcycle, | 13 | | snowmobile, trailer, or watercraft, the owner shall contact the | 14 | | Secretary of State and any other governmental agency as | 15 | | reasonably necessary to determine the name and address of the | 16 | | title holder or lienholder of the item, and the owner shall | 17 | | notify every identified title holder or lienholder of the time | 18 | | and place of the proposed sale. The owner is required to notify | 19 | | the holder of a security interest only if the security interest | 20 | | is filed under the name of the person signing the rental | 21 | | agreement or an occupant. An owner who fails to make the lien | 22 | | searches required by this Section is liable only to valid | 23 | | lienholders injured by that failure as provided in Section 3; | 24 | | (H) Before any sale or other disposition of personal | 25 | | property pursuant
to this Section, the occupant may pay the | 26 | | amount necessary to satisfy the
lien, and the reasonable |
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| 1 | | expenses incurred under this Section, and thereby
redeem the | 2 | | personal property. Upon receipt of such payment, the owner | 3 | | shall
return the personal property, and thereafter the owner | 4 | | shall have no liability
to any person with respect to such | 5 | | personal property;
| 6 | | (I) A purchaser in good faith of the personal property sold | 7 | | to satisfy
a lien, as provided for in Section 3 of this Act, | 8 | | takes the property free
of any rights of persons against whom | 9 | | the lien was valid, despite noncompliance
by the owner with the | 10 | | requirements of this Section;
| 11 | | (J) In the event of a sale under this Section, the owner | 12 | | may satisfy his
lien from the proceeds of the sale, but shall | 13 | | hold the balance, if any,
for delivery on demand to the | 14 | | occupant. If the occupant does not claim
the balance of the | 15 | | proceeds within one year of the date of sale, it shall
become | 16 | | the property of the owner without further recourse by the | 17 | | occupant.
| 18 | | (K) The lien on any personal property created by this Act | 19 | | shall be terminated
as to any such personal property which is | 20 | | sold or otherwise disposed of
pursuant to this Act and any such | 21 | | personal property which is removed from
the self-service | 22 | | storage facility. | 23 | | (L) If 3 or more bidders who are unrelated to the owner are | 24 | | in attendance at a sale held under this Section, the sale and | 25 | | its proceeds are deemed to be commercially reasonable.
| 26 | | (Source: P.A. 97-599, eff. 8-26-11.)
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