108.4763 - Owner’s remedies upon nonpayment of charges; notice of sale; limit on earliest time for sale.
108.4763 Owner’s remedies upon nonpayment of charges; notice of sale; limit on earliest time for sale.
1. After the notice of the lien is mailed by the owner, if the occupant fails to pay the total amount due by the date specified in the notice, the owner may:
(a) Deny the occupant access to the space for storage; and
(b) Enter the space and remove the personal property within it to a safe place.
2. The owner shall send the occupant a notice of a sale to satisfy the lien by certified mail to the occupant at his or her last known address and to the alternative address provided by the occupant in the rental agreement at least 14 days before the sale. The notice must contain:
(a) A statement that the occupant may no longer use the space for storage and no longer has access to the occupant’s personal property stored therein;
(b) A statement that the personal property of the occupant is subject to a lien and the amount of the lien;
(c) A statement that the personal property will be sold to satisfy the lien on a date specified in the notice, unless the total amount of the lien is paid or the occupant executes and returns by certified mail, the declaration in opposition to the sale; and
(d) A statement of the provisions of subsection 3.
3. Proceeds of the sale over the amount of the lien and the costs of the sale must be retained by the owner and may be reclaimed by the occupant or the occupant’s authorized representative at any time up to 1 year from the date of the sale.
4. The notice of the sale must also contain a blank copy of a declaration of opposition to the sale to be executed by the occupant if the occupant wishes to do so.
(Added to NRS by 1983, 1667; A 1985, 239)