Idaho Code 55-2306 – Enforcement of Lien

(1) A sale of personal property to enforce a lienholder’s claim that has become due against a lessee and that is secured by the operator’s lien may be conducted after the lessee has been in default continuously for a period of sixty (60) days.

(2) The operator shall send notice by certified mail or as provided for in the rental agreement to the lessee at his last known address and by mail to all persons disclosed by the lessee as claiming a security interest in the stored property. The notice shall include:

(a) The name, address and telephone number of the person claiming the lien;

(b) An itemized statement of the lienholder’s claim showing the sum due at the time of the notice and the date when the sum became due;

(d) A statement that unless the claim is paid within the time stated in the notice, the personal property shall be advertised for sale and sold at a specified time and place, but not sooner than ten (10) days after the first publication;

(e) A brief and general description of the goods subject to the lien; and

(f) Notification that the operator has denied or may deny access by the lessee to his personal property until the lien has been satisfied.

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Terms Used In Idaho Code 55-2306

Default: means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter. See Idaho Code 55-2301
Last known address: means that address provided by the lessee in the rental agreement or the address provided by the lessee to the operator in a subsequent written notice of a change of address. See Idaho Code 55-2301
Leased space: means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. See Idaho Code 55-2301
Lessee: means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement. See Idaho Code 55-2301
Lien: A claim against real or personal property in satisfaction of a debt.
Operator: means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. See Idaho Code 55-2301
person: includes a corporation as well as a natural person;

Idaho Code 73-114

Personal property: All property that is not real property.

Personal property: means those items placed within the leased space and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft and household items and furnishings. See Idaho Code 55-2301

Property: includes both real and personal property. See Idaho Code 73-114

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Rental agreement: means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement. See Idaho Code 55-2301

Self-service storage facility: means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis. See Idaho Code 55-2301

Vehicle: is a s defined in section 49-123, Idaho Code, and "trailer" is as defined in section 49-121, Idaho Code. See Idaho Code 55-2301

(3) Upon expiration of the time specified in subsection (2)(c) of this section, an advertisement of the sale shall be published once in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include:

(a) The location, date, time, and manner of the sale of the property stored in the leased space at the self-service storage facility;

(b) A brief and general description of the personal property; and

(4) At any time before the advertised sale of the personal property has been conducted or the vehicle or trailer has been towed, the lessee or any other person may pay the amount necessary to satisfy the lien, including all documented and verifiable labor and expenses incurred in enforcing the lien, and be permitted to remove the personal property, vehicle, or trailer from the leased space.

(5) In the event of a sale, the operator shall:

(a) Ensure that the sale is conducted in conformance with the terms of the published notice;

(b) Identify the specific properties and disclose the names and addresses provided by the lessee of persons claiming a security interest in the specified properties; and

(6) The proceeds of the sale must be applied to the discharge of the lien and costs. The remainder, if any, shall be paid over to the lessee or any other person authorized in writing by the lessee to claim the balance.

(7) The operator may dispose of the personal property without liability to any person if the operator has complied with the provisions of subsections (1) through (5) of this section, and the personal property has not been purchased.

(8) The operator may conduct the lien sale without obtaining an auctioneer’s license and may offer the personal property for sale as a unit or in parcels on a publicly accessible website that regularly offers personal property for auction or sale, at the self-service storage facility, or at another location determined by the operator.

(9) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien shall take the property free and clear of any rights of persons against whom the lien was valid, even if the operator has not complied with the provisions of this chapter or the rental agreement.