Sec. 12. (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.

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Terms Used In Indiana Code 26-3-8-12

  • default: means the failure of a renter to perform, in a timely fashion, any duty imposed by section 10 of this chapter or by a rental agreement. See Indiana Code 26-3-8-1
  • electronic mail: means the transmission, by use of a computer or through other electronic means, of information or a communication that is sent to a person identified by a unique address. See Indiana Code 26-3-8-0.5
  • last known address: means the postal address or electronic mail address provided to the owner by the renter:

    Indiana Code 26-3-8-3

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • owner: means :

    Indiana Code 26-3-8-6

  • Personal property: All property that is not real property.
  • personal property: means movable property not affixed to land. See Indiana Code 26-3-8-7
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • rented space: means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement. See Indiana Code 26-3-8-4
  • renter: means :

    Indiana Code 26-3-8-5

  • self-service storage facility: means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property. See Indiana Code 26-3-8-9
  • verified mail: means any method of mailing that:

    Indiana Code 26-3-8-9.5

     (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).

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

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