§ 35-33-05 — Notice of proceedings

North Dakota § 35-33-05

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-33: Self-Service Storage Facility Liens

Text

Before conducting a sale, the owner shall:
1. Deliver in person or send by verified mail or electronic mail a notice of default to prior
lienholders and to the occupant at the occupant's last-known address. A notice under
this section sent by verified mail is deemed delivered if it is deposited with the United
States postal service or a private delivery service and properly addressed with postage
prepaid. A notice under this section sent by electronic mail is deemed delivered if it is
sent to the occupant's last-known electronic mail address. The notice must include:
a. A statement that the contents of the occupant's storage space are subject to the
owner's lien and that the occupant is denied access to the property until the
owner's claim is satisfied;
b. The address of the self-service storage facility, the number of the space where
the personal property is located, and the name of the occupant;
c. A statement of the charges due, the date of default, and a demand for payment of
the charges due within a specified time, not less than ten days after the date of
notice;
d. A statement in bold type providing that, unless the claim is paid within the time
stated, the contents of the occupant's storage space will be sold; and
e. The name, address, and telephone number of the owner or a designated agent
whom the occupant may contact to respond to the notice.
2. At least seven days before the sale, advertise the time, place, and terms of the sale in
a commercially reasonable manner. An advertisement satisfies the requirements of
this subsection if at least three independent bidders attend the sale in person or online
at the time and place advertised.