Idaho Code 55-2308 – Lessee in Default — Vehicle or Trailer Removal
Current as of: 2023 | Check for updates
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(1) If a lessee is in default of the rental agreement for sixty (60) days or more and the personal property stored in the leased space is a vehicle or trailer, the operator may have the vehicle or trailer towed from the self-service storage facility by an independent towing company. Prior to having the vehicle or trailer towed, the operator shall send notice to the lessee as provided for in the rental agreement or by certified mail to the last known address stating:
(a) A demand for payment within a time specified, no less than ten (10) days after sending of the notice;
(b) That unless the claim is paid within the time stated in the notice, the vehicle or trailer may be towed; and
(c) The name, address, and telephone number of the towing company.
(2) The operator shall send a copy of the notice by United States mail with certificate of mailing to any lienholder of the vehicle or trailer that is listed in the rental agreement, no less than ten (10) days prior to having the vehicle or trailer towed.
Terms Used In Idaho Code 55-2308
- 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 73-114Rental 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) The operator has no liability to any person regarding the vehicle or trailer once the towing company takes possession of the vehicle or trailer.
(4) Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of chapter 17, title 49, Idaho Code. The towing company that tows the vehicle must comply with the provisions of either chapter 17 or 18, title 49, Idaho Code, as applicable, prior to conducting a sale of the vehicle.