Sec. 14. (a) After the expiration of the time stated in the owner‘s notice under section 12(c)(2) of this chapter, if the personal property has not been otherwise disposed of in a manner described in section 12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner enforcing the owner’s lien shall prepare for a sale of the personal property under this section.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 26-3-8-14

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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
     (b) Except as otherwise permitted under subsection (c), the owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement must include:

(1) a statement that the personal property stored in the renter‘s rented space will be sold to satisfy the owner’s lien;

(2) the address of the self-service storage facility, the number or other designation (if any) of the space where the personal property is located, and the name of the renter;

(3) the manner of the sale; and

(4) the time and place of the sale, as applicable.

     (c) As an alternative to the publication described in subsection (b), the owner may advertise the sale in any other commercially reasonable manner that is likely to attract at least three (3) independent bidders to the sale. An advertisement by an alternative method permitted under this section must include the information required under subsection (b)(1) through (b)(4).

     (d) The sale must be held at least ten (10) days after:

(1) the publication under subsection (b); or

(2) the first publication, transmission, or communication of an advertisement under subsection (c);

as applicable. If, after the publication, transmission, or other communication of notice under this section, the sale of the personal property is not consummated, the owner shall notify the renter in writing at the renter’s last known address of the other disposition the owner intends for the property.

As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.6.

  Previous section
Next section  
 Chapter 8 Contents