North Dakota Storage Law

North Dakota Storage Law

Century Code
35 Liens

Self-Service Storage Facility Liens
Section Section Name
35-33-01 Definitions
35-33-02 Lien against property
35-33-03 Denial of access ‑ Disposal of property
35-33-04 Custody and control of property
35-33-05 Notice of proceedings
35-33-06 Sale of property ‑ Application of proceeds
35-33-07 Protection of purchaser in good faith
35-33-08 Liability of owner
35-33-09 Validity of certain rental agreements
35-33-10 Sale proceedings ‑ Titled vehicles

35-33-01. Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Default" means failure of the occupant to pay the rent and other charges at the time
and in the manner set forth in the rental agreement.
2. "Last-known address" means the address provided by the occupant in the latest rental
agreement or the address provided by the occupant in a subsequent written notice of a
change of address.
3. "Occupant" means the person who rents storage space at a self-service storage
facility under a rental agreement, or a sublessee, successor, or assignee.
4. "Owner" means any person who owns, leases, subleases, manages, or operates a
self-service storage facility and receives rent from an occupant under a rental
agreement.
5. "Personal property" means movable property not affixed to land, including
merchandise and household goods.
6. "Rental agreement" means a written agreement between the owner and the occupant
which establishes or modifies the terms and conditions of the occupant's use of
storage space at a self-service storage facility.
7. "Self-service storage facility" means any real property used for renting or leasing
individual storage spaces in which occupants customarily store and remove their
personal property. The term does not include a garage used principally for parking
motor vehicles; any property of a financial institution which contains vaults, safe
deposit boxes, or other receptacles for the purposes and benefits of the financial
institution's customers; or a warehouse or a public warehouse where warehouse
receipts, bills of lading, or other documents of title are issued for the personal property
stored.
8. "Storage space" means an enclosure, cubicle, or room that is fully enclosed and
equipped with a door designed to be locked for security by the occupant.

35-33-02. Lien against property.
The owner of a self-service storage facility has a lien on all personal property stored under a
rental agreement in a storage space at the self-service storage facility for rent, labor, and other
charges, and for expenses reasonably incurred in the sale or other disposition of the property
under law. This lien is superior to other security interests except those perfected before the date
the lien attaches. The lien attaches upon default by the occupant as stated in the notice of
default served on the occupant as provided in this chapter.

35-33-03. Denial of access - Disposal of property.
If the occupant is in default, the owner may deny the occupant access to the leased space
and enforce the lien by selling the property stored in the leased space. Sale of the property may
be by public or private proceeding and may also be as a unit or in parcels. After the proceeding,
the owner may dispose of any property that was offered for sale but which remained unsold.

35-33-04. Custody and control of property.
Unless the rental agreement provides otherwise, until a sale under this chapter, the
occupant is responsible for the care, custody, and control of all property stored in the leased
storage space, unless the owner secures the property elsewhere during the sale proceedings.

35-33-05. Notice of proceedings.
Before conducting a sale, the owner shall:
1. Deliver in person or send by certified mail a notice of default to prior lienholders and to
the occupant at the occupant's last-known address. A notice under this section is
 presumed delivered if it is deposited with the United States postal service and properly
addressed with postage prepaid. The notice must include:
a. A statement that the contents of the occupant's leased 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 leased 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. Publish, once a week for two consecutive weeks, with the first publication not more
than thirty days before the sale and the last publication at least seven days before the
sale, the time, place, and terms of the sale in a newspaper of general circulation in the
county where the self-service storage facility is located.

35-33-06. Sale of property - Application of proceeds.
At any time before the sale, the occupant may pay the amount necessary to satisfy the lien
and redeem the occupant's property. If a sale is held, the owner shall satisfy the lien from the
proceeds of the sale and hold the balance, if any, for delivery on demand to the occupant or any
other recorded lienholder for a period of six months from the date of sale. The owner may retain
any balance unclaimed after the six-month period.

35-33-07. Protection of purchaser in good faith.
A purchaser in good faith of any property sold under this chapter takes the property clear of
any rights of persons against whom the lien was valid, subject to the rights of prior lienholders.

35-33-08. Liability of owner.
If the owner complies with this chapter, the owner's liability to the occupant is limited to the
application of the proceeds received from the sale of the property necessary to satisfy the lien.
The owner's liability to other lienholders is limited to the proceeds received from the sale of any
property covered by the other lien less the amount necessary to satisfy the owner's lien.

35-33-09. Validity of certain rental agreements.
Any rental agreement entered before August 1, 1997, remains valid and may be enforced or
terminated in accordance with its terms or as permitted by any other law of this state.

35-33-10. Sale proceedings - Titled vehicles.
The sale proceedings in this chapter are sufficient to provide the instruments or documents
of authority necessary to obtain a transfer of title to vehicles under section 39-05-19.

 

© Ron VanVarden. All Rights Reserved.

Please publish modules in offcanvas position.

Free Joomla templates by L.THEME

By submitting this form you agree to the cookie policy of this website and the storing of the submitted information. The N6ACH family of websites use cookies for functional and analytical purposes.