CHAPTER 8. SELF-SERVICE STORAGE FACILITIES
IC 26-3-8
Chapter 8. Self-Service Storage Facilities
IC 26-3-8-1
"Default" defined
Sec. 1. As used in this chapter, "default" means the failure of a
renter to perform, in a timely fashion, any duty imposed by section
10 of this chapter or by a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-2
"Emergency" defined
Sec. 2. As used in this chapter, "emergency" means any sudden,
unexpected occurrence or circumstance at or near a self-service
storage facility that requires immediate action to avoid injury to
persons or property at or near the self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-3
"Last known address" defined
Sec. 3. As used in this chapter, "last known address" means the
address provided to the owner by the renter:
(1) for the purposes of the latest rental agreement; or
(2) in a written notice of a change of address after the latest
rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-4
"Rented space" defined
Sec. 4. As used in this chapter, "rented space" means the
individual storage space at a self-service storage facility that is rented
to a renter under a rental agreement.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-5
"Renter" defined
Sec. 5. As used in this chapter, "renter" means:
(1) a person who is entitled to the use of a rented space in a
self-service storage facility under a rental agreement; or
(2) the sublessee, successor, or assignee of a person described
in subdivision (1).
As added by P.L.265-1987, SEC.1.
IC 26-3-8-6
"Owner" defined
Sec. 6. As used in this chapter, "owner" means:
(1) the owner, operator, lessor, or sublessor of a self-service
storage facility;
(2) the agent of a person described in subdivision (1); or
(3) any person authorized by a person described in subdivision
(1) to manage a self-service storage facility or to receive rent
from a renter under a rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.5-1988,
SEC.140.
IC 26-3-8-7
"Personal property" defined
Sec. 7. As used in this chapter, "personal property" means
movable property not affixed to land. The term includes goods,
wares, merchandise, and household items.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-8
"Rental agreement" defined
Sec. 8. As used in this chapter, "rental agreement" means any
written agreement or lease that establishes or modifies the terms
under which a renter may store personal property in a rented space
in a self-service storage facility.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-9
"Self-service storage facility" defined
Sec. 9. As used in this chapter, "self-service storage facility"
means any real property designed and used for the renting of space
under a rental agreement that provides a renter access to rented space
for the storage and retrieval of personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-10
Entry of owner into rented space
Sec. 10. A renter, upon a reasonable request from the owner, shall
allow the owner to enter a rented space for the purpose of:
(1) inspection;
(2) repair;
(3) alteration;
(4) improvement; or
(5) providing other services that are necessary or were agreed
to by the renter.
If an emergency occurs, an owner may enter a rented space for any
purpose set forth in this section without notice to or consent from the
renter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-11
Lien of owner of facility upon personal property; priority;
attachment; statement
Sec. 11. (a) The owner of a self-service storage facility has a lien
upon all personal property present in the self-service storage facility
for:
(1) rent, labor, or other charges that accrue in connection with
the personal property under the rental agreement;
(2) expenses necessary for the preservation of the personal
property; and
(3) expenses reasonably incurred in the sale or other disposition
of the personal property under this chapter.
(b) The lien described in subsection (a) is superior to any other
lien or security interest, except for:
(1) a lien or security interest perfected before any sale or other
disposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date on
which personal property is placed in a rented space. Every rental
agreement must contain a statement in bold type notifying the renter
of the existence of the lien and of the method by which the owner
may enforce the lien under this chapter.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-12
Enforcement of owner's lien; notice
Sec. 12. (a) After a renter has been in default continuously for
thirty (30) 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 rented space; and
(2) move the renter's personal property from the rented space to
another storage space pending its redemption, sale, or other
disposition under this chapter.
(c) An owner enforcing the owner's lien shall send the renter, by
registered or certified mail (return receipt requested) 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 will be advertised for sale, or will be otherwise
disposed of, at a specified place and time, which must be at
least ninety (90) days after the renter's default.
(d) Any sale or other disposition of the personal property to
enforce the owner's lien must conform to the notice given under
subsection (c)(7).
As added by P.L.265-1987, SEC.1.
IC 26-3-8-13
Redemption of personal property
Sec. 13. Before any sale or other disposition of the personal
property under this chapter, the renter may redeem the personal
property by paying the owner an amount sufficient to satisfy the
owner's lien. Upon the payment of this amount, the owner shall
immediately return the personal property to the renter. After
returning the personal property under this section, the owner has no
liability to any person with respect to the personal property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-14
Sale of personal property; advertisement; notice of other
disposition
Sec. 14. (a) After the expiration of the time stated in the owner's
notice under section 12(c)(2) of this chapter, if the personal property
has not been otherwise disposed of under a notice provided under
section 12(c)(7) of this chapter, an owner enforcing the owner's lien
shall prepare for a sale of the personal property under this section.
(b) The owner shall cause an advertisement of sale to be published
one (1) time before the date of the sale in a newspaper of general
circulation in the county in which the self-service storage facility is
located. The advertisement must include:
(1) a statement that the personal property stored in the renter's
rented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number or
other designation (if any) of the space where the personal
property is located, and the name of the renter; and
(3) the time, place, and manner of the sale.
(c) The sale must be held at least ten (10) days after the
publication under subsection (b). If, after the publication of notice
under this section, the sale of the personal property is not
consummated, the owner shall notify the renter in writing at the
renter's last known address of the other disposition the owner intends
for the property.
As added by P.L.265-1987, SEC.1.
IC 26-3-8-15
Place of sale; owner as buyer; proceeds of sale
Sec. 15. (a) Any sale of the personal property under this chapter
shall be held at the self-service storage facility or, if that facility is
not a suitable place for a sale, at the suitable place nearest to where
the property is held or stored.
(b) The owner may buy the personal property at any sale under
this chapter.
(c) An owner may satisfy the owner's lien from the proceeds of a
sale under this chapter. If the proceeds of a sale under this chapter
exceed the amount of the owner's lien, the owner shall hold the
balance for delivery, upon demand, to the renter. If the renter does
not claim the balance of the proceeds within one (1) year after the
sale, the balance shall be treated as unclaimed property under
IC 32-34-1.
As added by P.L.265-1987, SEC.1. Amended by P.L.31-1995, SEC.6;
P.L.2-2002, SEC.81.
IC 26-3-8-16
Rental agreements; rights of owner additional to creditor's rights
Sec. 16. This chapter does not impair the power of the parties to
a rental agreement to create rights, duties, or obligations that do not
arise from this chapter. The rights provided to an owner by this
chapter are in addition to all other rights provided by law to a
creditor against a debtor.
As added by P.L.265-1987, SEC.1.