SB3460 EngrossedLRB103 38164 JRC 68297 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
5amended by changing Sections 2, 4, and 7 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
13personal property. A self-service storage facility is not a
14warehouse for purposes of Article 7 of the Uniform Commercial
15Code. If an owner issues any warehouse receipt, bill of
16lading, or other document of title for the personal property
17stored, the provisions of this Act do not apply.
18    (B) "Owner" means the owner, operator, lessor, or
19sublessor of a self-service storage facility, his agent, or
20any other person authorized by him to manage the facility, or
21to receive rent from an occupant under a rental agreement.
22    (C) "Occupant" means a person, his sublessee, successor,
23or assign, 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. The rental
7agreement may be delivered and accepted by electronic mail, or
8by any other electronic record pursuant to the Uniform
9Electronic Transactions Act. If the occupant does not sign a
10written rental agreement that the owner has tendered to the
11occupant, the occupant's continued use of the storage space
12shall constitute an acceptance of the rental agreement with
13the same effect as if it had been signed by the occupant.
14    (E) "Personal property" means movable property not affixed
15to land, and includes, but is not limited to goods,
16merchandise, motor vehicles, watercraft, and household items.
17    (F) "Last known address" means that mailing address or
18electronic mail address provided by the occupant in the latest
19rental agreement, or the mailing address or electronic mail
20address provided by the occupant in a subsequent written
21notice of a change of address.
22    (G) "Late fee" means a charge assessed for an occupant's
23failure to pay rent when due. "Late fee" does not include
24interest on a debt, reasonable expenses incurred in the
25collection of unpaid rent, or costs associated with the
26enforcement of any other remedy provided by statute or



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2    (H) "Verified mail" means any method of mailing that is
3offered by the United States Postal Service or private
4delivery service that provides evidence of mailing.
5    (I) "Electronic mail" means the transmission of
6information or a communication by the use of a computer or
7other electronic means sent to a person identified by a unique
8address and that is received by that person.
9    (J) "Default" means the failure to perform any obligation
10or duty set forth in the rental agreement or this Act.
11(Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15.)
12    (770 ILCS 95/4)  (from Ch. 114, par. 804)
13    Sec. 4. Enforcement of lien. An owner's lien as provided
14for in Section 3 of this Act for a claim which has become due
15may be satisfied as follows:
16    (A) The occupant shall be notified.
17    (B) The notice shall be delivered:
18        (1) in person; or
19        (2) by verified mail or by electronic mail to the last
20    known address of the occupant.
21    (C) The notice shall include:
22        (1) An itemized statement of the owner's claim showing
23    the sum due at the time of the notice and the date when the
24    sum became due;
25        (2) The name of the facility, address, telephone



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1    number, date, time, location, and manner of the lien sale,
2    and the occupant's name and unit number;
3        (3) A notice of denial of access to the personal
4    property, if such denial is permitted under the terms of
5    the rental agreement, which provides the name, street
6    address, and telephone number of the owner, or his
7    designated agent, whom the occupant may contact to respond
8    to this notice;
9        (3.5) Except as otherwise provided by a rental
10    agreement and until a lien sale, the exclusive care,
11    custody, and control of all personal property stored in
12    the leased self-service storage space remains vested in
13    the occupant. No bailment or higher level of liability is
14    created if the owner over-locks the occupant's lock,
15    thereby denying the occupant access to the storage space.
16    Rent and other charges related to the lien continue to
17    accrue during the period of time when access is denied
18    because of non-payment;
19        (4) A demand for payment within a specified time not
20    less than 14 days after delivery of the notice;
21        (5) A conspicuous statement that unless the claim is
22    paid within the time stated in the notice, the personal
23    property will be advertised for sale or other disposition,
24    and will be sold or otherwise disposed of at a specified
25    time and place.
26    (D) Any notice made pursuant to this Section shall be



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1presumed delivered when it is deposited with the United States
2Postal Service, and properly addressed with postage prepaid or
3sent by electronic mail and the owner receives a receipt of
4delivery to the occupant's last known address, except if the
5owner does not receive a receipt of delivery for the notice
6sent by electronic mail, the notice is presumed delivered when
7it is sent to the occupant by verified mail to the occupant's
8last known mailing address.
9    (E) After the expiration of the time given in the notice,
10an advertisement of the sale or other disposition shall be
11published once a week for two consecutive weeks in a newspaper
12of general circulation where the self-service storage facility
13is located. The advertisement shall include:
14        (1) The name of the facility, address, telephone
15    number, date, time, location, and manner of lien sale and
16    the occupant's name and unit number.
17        (2) (Blank).
18        (3) The sale or other disposition shall take place not
19    sooner than 15 days after the first publication. If there
20    is no newspaper of general circulation where the
21    self-service storage facility is located, the
22    advertisement shall be posted at least 10 days before the
23    date of the sale or other disposition in not less than 6
24    conspicuous places in the neighborhood where the
25    self-service storage facility is located.
26    (F) Any sale or other disposition of the personal property



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1shall conform to the terms of the notification as provided for
2in this Section.
3    (G) Any sale or other disposition of the personal property
4shall be held at the self-service storage facility, or at the
5nearest suitable place to where the personal property is held
6or stored. A sale under this Section shall be deemed to be held
7at the self-service storage facility where the personal
8property is stored if the sale is held on a publicly accessible
9online website.
10    (G-5) If the property upon which the lien is claimed is a
11motor vehicle, trailer, or watercraft and rent or other
12charges related to the property remain unpaid or unsatisfied
13for 60 days or the occupant is in default of the rental
14agreement for 60 days, the owner may have the property towed
15from the self-service storage facility. If a motor vehicle,
16trailer, or watercraft is towed, the owner shall not be liable
17for any damage to the motor vehicle, trailer, or watercraft,
18once the tower takes possession of the property. After the
19motor vehicle, trailer, or watercraft is towed, the owner may
20pursue other collection options against the delinquent
21occupant for any outstanding debt. If the owner chooses to
22sell a motor vehicle, aircraft, mobile home, moped,
23motorcycle, snowmobile, trailer, or watercraft, the owner
24shall contact the Secretary of State and any other
25governmental agency as reasonably necessary to determine the
26name and address of the title holder or lienholder of the item,



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1and the owner shall notify every identified title holder or
2lienholder of the time and place of the proposed sale. The
3owner is required to notify the holder of a security interest
4only if the security interest is filed under the name of the
5person signing the rental agreement or an occupant. An owner
6who fails to make the lien searches required by this Section is
7liable only to valid lienholders injured by that failure as
8provided in Section 3.
9    (H) Before any sale or other disposition of personal
10property pursuant to this Section, the occupant may pay the
11amount necessary to satisfy the lien, and the reasonable
12expenses incurred under this Section, and thereby redeem the
13personal property. Upon receipt of such payment, the owner
14shall return the personal property, and thereafter the owner
15shall have no liability to any person with respect to such
16personal property.
17    (I) A purchaser in good faith of the personal property
18sold to satisfy a lien, as provided for in Section 3 of this
19Act, takes the property free of any rights of persons against
20whom the lien was valid, despite noncompliance by the owner
21with the requirements of this Section.
22    (J) In the event of a sale under this Section, the owner
23may satisfy his lien from the proceeds of the sale, but shall
24hold the balance, if any, for delivery on demand to the
25occupant. If the occupant does not claim the balance of the
26proceeds within one year of the date of sale, it shall become



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1the property of the owner without further recourse by the
3    (K) The lien on any personal property created by this Act
4shall be terminated as to any such personal property which is
5sold or otherwise disposed of pursuant to this Act and any such
6personal property which is removed from the self-service
7storage facility.
8    (L) If 3 or more bidders who are unrelated to the owner are
9in attendance at a sale held under this Section, the sale and
10its proceeds are deemed to be commercially reasonable.
11(Source: P.A. 102-687, eff. 12-17-21.)
12    (770 ILCS 95/7)  (from Ch. 114, par. 807)
13    Sec. 7. Prohibited use.
14    (a) No occupant may use a self-service storage facility
15for residential purposes.
16    (b) An occupant may not use a self-service storage
17facility after the owner has delivered written notice in
18person or by verified mail of the termination or non-renewal
19of the occupant's rental agreement.
20        (1) Notice shall provide the occupant with not less
21    than 14 days after delivery of the notice to remove all
22    personal property from the self-service storage facility.
23        (2) Prior to the occupant's removal of all personal
24    property, the owner may place reasonable restrictions on
25    the occupant's use of the self-service storage facility,



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1    including denying access to the self-service storage
2    facility except for the occupant to remove personal
3    property during the owner's normal business hours.
4        (3) The owner may dispose of any personal property
5    remaining at the self-service storage facility after the
6    date provided in the written notice under this Section.
7(Source: P.A. 83-800.)