§ 26-3-8-12 — Enforcement of owner's lien; notice; towing of motor vehicle, trailer, or watercraft

Indiana § 26-3-8-12

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 3: WAREHOUSES
• Ch. 8: Self-Service Storage Facilities

Text

(a) After a renter has been in default
continuously for at least five (5) 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 self-service storage facility,
including access to the rented space; and
(2) move the renter's personal property from the rented space to
another storage space pending the redemption, sale, or other
disposition of the personal property under this chapter.
(c) An owner enforcing the owner's lien shall send the renter, by
electronic mail or verified mail and 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:
(A) will:
(i) be advertised to be sold in a manner permitted under
section 15 of this chapter; or
(ii) be otherwise disposed of;
at a specified place (if applicable) and time, which must be at
least sixty (60) days after the renter's default; or
(B) will be disposed of in the manner described in subsection
(d), if:
(i) the renter's personal property stored in the rented space is
a motor vehicle, trailer, or watercraft; and
(ii) the owner chooses to dispose of the renter's motor vehicle,
trailer, or watercraft in the manner permitted under
subsection (d).
(d) If:
(1) the renter's personal property stored in the rented space is a
motor vehicle, trailer, or watercraft; and
(2) the renter does not pay the owner's claim within the time
specified in subsection (c)(2);
as an alternative to conducting a sale under section 15 of this chapter,
the owner may cause the renter's motor vehicle, trailer, or watercraft to
be towed or removed from the self-service storage facility.
(e) Any sale or other disposition of the personal property undertaken
by the owner to enforce the owner's lien must be conducted in the same
manner, and at the same place (if applicable) and time, specified by the
owner in the notice given under subsection (c)(7).

Legislative History

As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.5; P.L.93-2023, SEC.3.